Post-Divorce Lawyer Tampa, FL
If your ex-spouse has stopped following a court order, your circumstances have changed enough to justify modifying an existing judgment, or you need help enforcing a provision of your divorce decree, you need an attorney who handles these matters regularly. Our Tampa, FL post-divorce lawyer at The McKinney Law Group brings nearly 20 years of Florida family law experience to modification, enforcement, and contempt actions, along with every other issue that arises after a final judgment is entered. Schedule a consultation to review your options.
Why Choose The McKinney Law Group for Post-Divorce in Tampa, FL?
Our firm handles post-divorce matters regularly, from straightforward modifications to contested enforcement and appeals. That experience lets us move quickly to identify the right legal tool for each situation, build the evidentiary record the court needs, and help clients resolve issues that surface after a final judgment has been entered.
Two Decades of Florida Family Law Practice
Our founding partner, Damien McKinney, has handled Florida divorce cases since 2005. He was admitted to the Florida Bar in 2006 and has handled post-judgment matters throughout his career. Damien’s academic path includes a Juris Doctor from Stetson University College of Law in 2005 and a Bachelor of Arts in Psychology from Florida State University, completed in 2002. The psychology foundation plays a particular role in post-judgment work. Many of these cases involve ex-spouses whose communication has broken down years after the original case was resolved. Understanding what is actually driving a dispute often helps resolve it without extended litigation. As a family lawyer in Tampa, FL, Damien brings both the strategic and interpersonal sides of post-judgment practice to every case.
Strategic Handling of Modification and Enforcement
Modifications and enforcement actions look similar on paper but follow different legal standards. A modification requires proof of a substantial change in circumstances. An enforcement action requires proof that the other party violated an existing order. Mixing the two up leads to filings that do not accomplish what the client needs. We evaluate each post-judgment issue against the right standard and build the case accordingly.
Professional Recognition
Damien has been recognized as a Rising Star by Super Lawyers every year since 2012 and received the Super Lawyers Distinction of Excellence in 2016. He is an active member of the Florida Bar Family Law Section and the Hillsborough County Bar Association Family Law Section. Feedback from clients reflects the day-to-day experience of working with the firm.
“Great experience. Damien took the time to understand my situation and offered clear, practical advice. His knowledge of family law was impressive, and I felt confident throughout the consultation. He was respectful and honest, and I’d definitely recommend him to anyone in need of a family law attorney!” – Jarred Holden
Read more reviews on our Google Business Profile.
A Civil, Principled Approach
Post-judgment disputes frequently involve old grievances that have built up over time. Emotions from the original case can resurface. Our approach to these matters remains measured regardless of the other side’s tone. Legitimate violations are pursued through proper channels. Substantial changes in circumstances are documented and presented to the court. Petty disputes that would not hold up in front of a judge are not filed simply because the client is frustrated. That discipline saves clients money and tends to produce better results.
Types of Post-Divorce Cases We Handle in Tampa
Our post-divorce practice covers the full range of issues clients bring to us after a final judgment has been entered. Whether you need to modify an existing order, enforce a provision your ex-spouse has ignored, or respond to a motion the other side has filed, we handle the case from start to finish.
- Modification of Alimony. When a paying spouse loses a job, the receiving spouse’s needs change, or other substantial circumstances shift, modification of alimony may be appropriate. We handle these actions under the current statutory framework.
- Modification of Child Support. Income changes, shifts in the timesharing schedule, or substantial changes in a child’s needs can justify a modification of child support. Florida’s 15% or $50-per-month presumption drives much of the analysis.
- Modification of Timesharing and Parenting Plans. When circumstances have substantially changed since the original order, modification of the timesharing arrangement becomes available. The burden is on the moving party, and we build cases that meet the legal standard.
- Enforcement Actions. When an ex-spouse does not comply with an order, enforcement tools include contempt motions, income deduction, suspension of licenses, and in some cases incarceration. We use the mechanism that fits the violation.
- Contempt Proceedings. Willful violation of a court order can result in sanctions, attorney’s fees, and in serious cases jail time. We handle contempt petitions when the facts warrant that relief and defend against contempt filings when the other side is using the tool improperly.
- Relocation Petitions. A parent who wants to relocate more than 50 miles for at least 60 days must follow Florida’s specific relocation statute. We handle petitions and oppositions to relocation requests.
- Post-Judgment Discovery and QDROs. Retirement account division sometimes requires a Qualified Domestic Relations Order entered after the final judgment. Issues with disclosure made during the original case can also be addressed through post-judgment discovery in appropriate situations.
- Disputes Over Marital Settlement Agreements. When parties disagree about what a provision of their settlement agreement actually requires, enforcement or clarification actions become necessary. We handle both sides of these disputes.
- Appeals and Rehearings. When a final judgment contains legal or factual errors, motions for rehearing or appeals to the Second District Court of Appeal are available for a limited time. We evaluate whether appellate relief is viable and handle the procedural steps when it is.
- Military Post-Judgment Matters. Service members stationed at MacDill and elsewhere face specific post-judgment issues involving pension division, Survivor Benefit Plan elections, and deployment-related modifications.
Florida Legal Requirements for Post-Divorce Actions
Each type of post-judgment case runs on its own statutory framework. Understanding which standard applies is the first step in evaluating whether a potential filing is viable.
Modification Requires Substantial Change. Modification of alimony, child support, or timesharing requires a substantial change in circumstances that was not contemplated at the time the original order was entered. The change must also be material to the issue being modified. Routine fluctuations do not meet the standard.
Alimony Modification and the 2023 Reform. Under Florida Statutes § 61.14, alimony can be modified when circumstances have substantially changed. The 2023 alimony reform changed some aspects of how modification works, particularly for existing permanent alimony orders. Retirement of the paying spouse at the regular retirement age can support modification in appropriate cases, and supportive relationships entered into by the receiving spouse can justify modification or termination.
Child Support Modification. A new guideline calculation that differs from the existing order by 15% or $50 per month, whichever is greater, creates a presumption of substantial change. Smaller differences can still support modification in appropriate circumstances, but the presumption makes the larger changes significantly easier to pursue.
Timesharing Modification. Florida case law requires the moving party to show a substantial, material, and unanticipated change in circumstances, and to show that modification is in the best interest of the child. Both elements have to be established. The bar is deliberately higher than for other types of modification.
Enforcement Standards. Enforcement actions require proof that the other party violated a provision of an existing order. For contempt, the violation must be willful. The court has to find that the non-compliant party had the ability to comply and chose not to.
Relocation Requirements. Under Florida Statutes § 61.13001, a parent who wants to relocate more than 50 miles for at least 60 days needs either the written consent of the other parent or court approval. The statute includes specific procedural requirements and timelines. Failure to comply can affect the relocating parent’s position on custody issues.
Time Limits for Appeal. A notice of appeal generally must be filed within 30 days of the final judgment or the order being appealed. Motions for rehearing have similarly tight deadlines. Missing these windows usually forecloses appellate relief.
Jurisdiction Over Modifications. Florida retains continuing jurisdiction over many post-judgment issues, but some cases require coordination with other states under the Uniform Child Custody Jurisdiction and Enforcement Act or the Uniform Interstate Family Support Act. Out-of-state moves by either party complicate the jurisdictional analysis.
Key Components of a Tampa Post-Divorce Case
Post-judgment cases succeed or fail based on how well the specific legal standard is addressed. The components below drive outcomes in most Tampa post-divorce matters.
Identifying the Right Legal Theory
The first step in any post-judgment case is matching the client’s concern to the correct legal tool. Some situations call for modification. Others call for enforcement. Some require both. Filing under the wrong theory wastes time and costs money. We analyze the facts at the beginning and pick the right procedural path.
Documenting the Substantial Change
For modification cases, the substantial change in circumstances has to be documented with evidence, not just described in argument. Loss of employment requires termination letters and tax returns. Changes in a child’s needs require medical records, school records, or other third-party documentation. We build the evidentiary record that supports the change before filing.
Proving Violation in Enforcement Cases
Enforcement actions require clear proof that the other party violated the existing order. Payment records establish nonpayment in support cases. Communication records establish interference in timesharing cases. Witness testimony supports violations that are not documented in writing. The record has to be organized and presented in a way that satisfies the court’s specific requirements for the relief sought.
Handling Temporary Relief
Post-judgment cases sometimes involve temporary relief while the underlying motion is pending. Temporary modification of support during a modification proceeding may be available in appropriate cases. Emergency pickup orders apply when a child has been wrongly retained. We pursue temporary relief when it is warranted and respond to the other side’s requests when they are not.
Avoiding Damaging Mistakes
Several common missteps can weaken a post-judgment case or create new problems. Filing a modification when the real issue is enforcement produces the wrong kind of relief and can confuse the record going forward. Filing an enforcement action without the documentation to prove willful violation invites dismissal and potential fee awards against the moving party. Making unilateral changes to support payments or timesharing without a modified order creates arrearages and contempt exposure. Waiting too long to file an appeal forecloses appellate review entirely. Posting about the case on social media creates evidence the other side will use. We flag each of these issues at the start of representation.
Contact The McKinney Law Group
Post-divorce matters can surface years after the original case is closed, often at moments when clients thought the litigation was behind them. Whether you need a modification, an enforcement action, a relocation petition, or help responding to a motion filed by your ex-spouse, we are prepared to protect your rights and clarify your options under Florida law. We work with clients throughout Tampa and the surrounding region. Contact us to schedule a consultation and begin strategizing a path forward.