Modification and Enforcement of Florida Divorce Decree in Florida
The family law attorneys at the law office of Spencer Law, P.A., help people in Pensacola, Destin and neighboring areas deal with changed circumstances post-divorce through modification and enforcement of court orders for child custody, child support, alimony and more. If you are seeking or opposing a parental relocation or other modification, our experienced litigators can represent your interests in court with thoughtful, practical advice and assertive advocacy.
A final judgment of divorce is meant to be just that – final. This includes not only the divorce decree itself but also the court orders for alimony, child support, and child custody that may have been made as part of the divorce. However, Florida law recognizes that circumstances may change after a divorce that would require or allow for a change in those court orders. Obtaining a modification of a court order is not easy. The party requesting the modification must show a substantial change in circumstances, and if children would be impacted, the requesting party must also prove that the change would be in the children’s best interests. The proposed modification may also be opposed by the other party, who can argue that a substantial change has not occurred, or that a modification would not be in the best interests of the children.
Modification of an alimony award may be sought when the financial resources of either party have changed up or down, or when the needs of the receiving party have changed. If the party receiving spousal support has begun living with another person or has gotten remarried, this can be a reason justifying a modification or termination of support.
Parental relocation is another major reason for requesting a post-divorce modification. If there is a timesharing plan or parenting plan in place, then the custodial parent is not allowed to relocate without first getting approval from the court. For these purposes, a relocation means moving with the child more than 50 miles from the prior residence for at least 60 days.
The court will look at a variety of factors in deciding whether a relocation is in the best interests of the child. In 1996, Crystal Collins Spencer argued the case of Russenberger v. Russenberger in the Florida Supreme Court. This case set the standard nationwide for courts dealing with relocation matters. After Russenberger, a parent who makes a good faith showing for relocation is entitled to a presumption in favor of granting the request, but this presumption can be rebutted based on a list of factors which are to be considered and weighed by the court in each case.
Is your former spouse paying alimony or child support on time? Is he or she abiding by the property settlement agreement, or cooperating with the timesharing and parenting plans? Are you able to make decisions collaboratively regarding your children’s upbringing? If you believe court orders are not being followed or implemented appropriately, your attorney can help enforce these orders through a variety of legal means. For instance, the court can put a lien on property or garnish wages, or issue contempt citations to force cooperation with court orders. If you need help compelling enforcement, or if you need to defend against complaints being brought against you, Spencer Law, P.A. can provide the kind of tough, effective advocacy you need to represent your interests in court.
Get Experienced, Effective Legal Help with Post-Divorce Modification and Enforcement Matters
For help seeking or opposing a post-divorce modification or family law enforcement matter in Pensacola, Destin, Fort Walton Beach or Panama City, contact Spencer Law, P.A. for sound advice and effective representation of your interests.