Frequently Asked Questions of Post Judgement Modification and Enforcement Tampa FL Lawyers
Change is inevitable and when orders obtained during a divorce need to be altered, it is helpful to seek the guidance of a lawyer familiar with post judgement modification and enforcement Tampa FL residents trust. If you are looking to enforce or modify a previous final judgement of the court, The McKinney Law Group may assist you in evaluating your case and navigate you through the process.
What Changes Can Warrant Modification?
There are several different reasons why a court may look at requests to modify a final judgement after a divorce. When discussing change for custody, a post judgement modification and enforcement Tampa FL lawyer will look at:
- Physical or emotional harm to the child
- Changes in the child’s behavior and or grades
- A substance or physical abuse problem
- Having to move to a new city or state
If you are looking for financial modifications a Tampa post judgement modification and enforcement lawyer may suggest this alteration is warrant by a change in income or job status. If you are unable to provide the required child or spousal support you may need to petition for a change in the court orders.
Types of Modification
The final judgement of the court may be revised upon a showing of a substantial change in circumstances. This can be a very stressful burden to overcome and you may want the help of an experienced lawyer who understands post judgement modification and enforcement in Tampa FL. Here are a few modifications that can be presented to the court:
- Modification of Alimony: The state of Florida allows most types of alimony modification or termination when there has been an unexpected, involuntary, and substantial change in the circumstances that affect the former spouse’s ability to pay. Also, overtime the party receiving the financial support may have increased needs and can file for modification. There are several circumstances that can contribute to the need of modifying the final judgement. However, not all forms of alimony can be modified and there are several factors the court must consider. A post judgement modification and enforcement Tampa FL lawyer can help you determine whether your case qualifies for modification.
- Modification of Child Support: If you are no longer able to pay child support it is vital to petition the court for modification because of the penalties associated with not paying. If you have lost your job or your salary has significantly decreased you are able to request for modification. Speaking with a lawyer who understands post judgement modification and enforcement Tampa FL residents depend on may be in your best interest. The penalties include:
- Suspended driver’s license
- Wages may be garnished. Meaning the state will contact your employer directly and have them take payments right out of your paycheck.
- Being unable to obtain a passport.
- Additional fines and penalties may be charged.
- A last resort of refusing to pay child support may lead to imprisonment.
- Contact The McKinney Law Group Today
If you have questions or concerns about your specific circumstances, don’t hesitate to contact The McKinney Law Group to speak with a qualified post judgement modification and enforcement Tampa FL attorney you can rely on.
Family law is an area of law that encompasses a variety of different legal issues all of which implicate familial relationships. Examples of familial relationships include those you have with your spouse or partner and the relationship with your children. When most people think about family law, they think about divorce, but there are many other questions that a qualified post judgement modification and enforcement lawyer can help you answer. Here are a few frequently asked questions of our Tampa FL lawyers:
1. Should I consider a marital agreement? A marital agreement is a type of contract between spouses. The most common type of marital agreement is a prenuptial agreement which is essentially a contract in which future spouses agree to handle a hypothetical divorce in certain ways. For example, a prenuptial agreement may direct that neither spouse is entitled to spousal support, or that all marital property will be divided evenly. Prenuptial agreements can make any divorce proceedings quicker and much less painful. Although it is not fun to think about the potential failure of your marriage before it even begins, a prenuptial agreement is prudent and can be extremely helpful in not only laying out what happens “if” your marriage ends, but also in raising issues that all couples should discuss regarding finance and property before getting married.
2. I think I deserve more spousal support. Am I entitled to more? If you or your ex-spouse change jobs after a divorce or if another major life event occurs, such as a serious illness or disability, you may feel that you deserve more spousal support. Whether this is true depends on the law of your state, the order from the court establishing your current spousal support, and the facts of your case. Typically, the amount of spousal support you receive is in the discretion of a judge. A qualified post judgement modification and enforcement lawyer can help you determine if it is worth your time to file for a modification of your spousal support award and, if it is, the best strategy for obtaining the support you need.
3. I am considering taking a job several hours away. How will this affect my custody and visitation agreement? This is a very difficult family law question, that comes up frequently in child custody disputes. If you have partial custody of your children, but are planning to move to several hours, or even several states away, you are likely facing an uphill battle to maintain your custody as it stands. How to handle your move, how to tell your spouse, and how to present your concerns to the court are all complicated questions and require the advice of an experienced post judgement modification and enforcement lawyer. It is possible for families to remain intact and happy after one custodial parent moves, but it requires work and cooperation from several parties.
These are just a few questions that a qualified, professional post judgement modification and enforcement Tampa FL lawyer is equipped to handle. If you have ever wondered about these questions, or need more information about the answers, consider reaching out to The McKinney Law Group today.