If you need to change your child support or custody arrangement, you may want to look into post judgment modification and enforcement Tampa FL families search for. This legal action enforces a previous judgment of the court. At The McKinney Law Group, we may help you with post judgment enforcement so that you, your ex-partner, and your children may all find balance again.
What Changes Call for a Modification?
There are a few situations that may call for a post judgment modification and enforcement in Tampa FL. When look at a request to modify, the court will likely look at the following:
- Changes in children’s behavior: If you are looking to modify a custody arrangement, the court may look to see if there are any changes in your children’s behavior at home and school. If your children, for example, are skipping school or getting bad grades, the court may ask if there has been a problem with the custody arrangement. If so, the court may work with the parents to amend the current arrangement.
- Physical or emotional harm to children: A post judgment modification and enforcement Tampa FL families look into may also be made if the children have been physically or emotionally harmed. The courts will likely remove them from the home as soon as possible. Following immediate action, the courts may begin determining a more long-term solution that ensure the safety of the children.
- Substance abuse: The court may consider a post judgment modification and enforcement Tampa FL parents ask for if one parent is abusing alcohol or drugs. That type of environment is not safe for children, so the court would likely consider taking them out of that home as soon as possible.
- Change in income: If you no longer make as much money as you once did, a change in child support payments may be necessary.
- Move to another location: A post judgment modification and enforcement may also be needed if one of the parents moved to another town or city. The custody arrangement may need to be modified to accommodate the change in location.
Frequently Asked Questions of Post Judgment 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 judgment modification and enforcement Tampa FL residents trust. If you are looking to enforce or modify a previous final judgment 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 judgment after a divorce. When discussing change for custody, a post judgment 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 judgment 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 judgment 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 judgment 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 judgment. However, not all forms of alimony can be modified and there are several factors the court must consider. A post judgment 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 judgment 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 judgment 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 judgment 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 judgment 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 judgment 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.
As family lawyers, our firm has vast experience in helping clients to modify a court orders that include, but is certainly not limited to:
- Asset distribution
- Life insurance benefits
- Parenting plans
- Child support
- Child custody
Modifying and Enforcing Judgments
A judge’s final order regarding divorce, marital, custody, or paternity agreements will set forth the legal rules that all parties involved must follow. If, at any time, one or both parties wish to modify these orders, they must file a request with the court. In general, if both parties agree to the modification, it will be approved. However, if one party is disputing it, court hearings will likely pursue and it will be up to a judge to decide.
The majority of modifications occur due to at least one of the following:
- One party is relocated (typically out of town or the state)
- One party has a new job
- One party has a change in income
- One or both parties are dissatisfied with the current parenting plan
- One party is not meeting the current terms of the orders
- One party has been incarcerated
Tampa FL residents have turned to each post judgment modification lawyer from our firm for assistance with a broad range of challenges and requests. We are ready to represent you in mediation or at a hearing, if necessary. We will listen to what you are trying to accomplish and help you to do so in the most efficient and cost effective manner possible.
When a Foreign Judgment Is Applicable
A foreign judgment is an order or judgment that has been made out of state. In general, the ability to modify and enforce a judgment that has been ordered outside of Florida will be contingent on a judgment that has been domesticated within the state. In general, you will need the help of a Tampa FL post judgment modification lawyer to domesticate a judgment. For example, if you have moved to Florida from outside of the state, it should not be too complicated to domesticate a judgment.
While a court orders for a spouse to follow the final settlements on child support, alimony, timesharing, etc., judgments are not self-enforcing, and if a spouse refuses to comply with these orders, post judgement enforcement may be needed to provide the proper funding that was agreed in court.
Contempt of Court
If enforcement is not enough and a spouse willingly disregards court orders and disrespects law authorities, that party can be found in contempt of court, which can have detrimental penalties.
Post Judgment Enforcement
Even though a dissolution may be finalized, it is possible that past court orders may no longer be applicable, and post judgment modifications can be made. If either party wishes to make changes to the final judgment, there must be a substantial change presented. It should be noted that child support and parenting plans are modifiable, alimony may be more difficult to modify.
Understanding Family Law Appeals
In specific instances, you may be able to appeal your court order to a higher court. An appeal requires specific examination of your case facts and the law applied to your facts.
For more information and assistance, contact a post judgment modifications lawyer Tampa FL residents recommend from The McKinney Law Group.
Hiring a Lawyer for Post Judgment Modification
Navigating through a post judgment modification and enforcement can be tricky, so it may be in your best interest to hire a lawyer. At The McKinney Law Group, we have years of experience with Tampa post judgment modification and enforcement. We pride ourselves in listening carefully to each client’s needs and providing them with viable legal strategies that benefit the entire family.
During your first consultation with us, we may ask you to tell us a little more about your ideal post judgment modification and enforcement Tampa FL might offer. For example, if you want to modify your child support payments, we may ask you if you’ve lost your job or working fewer hours than you were before. We encourage you to be as detailed as possible in your responses. The more information you provide us, the better we may help you.
If you want to learn more information about post judgment modification and enforcement Tampa FL families seek, contact The McKinney Law Group at 813-906-0048.