Orlando Divorce Modification Lawyer Handling Post-Judgment Modifications and Enforcement of Divorce Decrees
Many matters are settled in a divorce, including the distribution of property, child custody and visitation (parenting time and parenting plans), child support and alimony. For the most part, once the judge decides these matters and issues the divorce decree, the order of the court is final. However, sometimes changed circumstances may require one party to revisit the judgment and ask for a modification. At other times, one of the parties may not be living up to the commitment made in those domestic relations orders. The Law Offices of Michael R. De Canio helps individuals on either side of a modification or enforcement proceeding to protect their rights and promote their best interests in the case.
Modification of Divorce Decrees
Ordinarily, final orders in a divorce are just that – final. They are not intended to be revisited and changed in the future. A party seeking to modify a divorce decree must be prepared to present a persuasive case of a substantial change in circumstances that would warrant a modification. A party challenging a modification should be equally well-prepared, knowing that the other person is building a strong and forceful case to convince the judge to modify an existing domestic relations court order.
One of the most common situations justifying a modification is when one parent needs to relocate out of state or move a substantial distance from the other parent. Depending upon the existing custody arrangement, a move-away will likely require the court to revisit and amend the parenting plan and timesharing schedule. A modification would likely be necessary regardless of which parent is seeking to move.
Another change in circumstances could be a change in income or financial need. An up or down change in income or needs of either ex-spouse could justify the modification of alimony, including terminating an award or changing to a different type of alimony. A substantial change in income could also affect the calculation of child support, as could a change in the child’s medical or educational needs.
Enforcement of Domestic Relations Orders
If your ex is not making court-ordered alimony or child support payments, is not turning over property required by the property distribution, or is not abiding by the terms of the parenting plan or timesharing schedule, it may be necessary to go to court to seek enforcement of the divorce judgment. The judge has many tools available to force compliance, including garnishing wages, levying bank accounts, and finding an individual in contempt of court. These matters are very serious and can have long-lasting repercussions. Whether you are needing to go to court to enforce an order, or if you are being accused of failing to meet your obligations, make sure you are represented by an aggressive and experienced Florida divorce attorney who will fight for your rights. In Orlando, contact the Law Offices of Michael R. De Canio, P.A. for assistance.
CONTACT A SKILLED DIVORCE ATTORNEY IN ORLANDO
If you need help resolving a family law dispute while protecting your family's physical, financial and emotional well-being, contact the Law Office of Michael R. De Canio today for an initial consultation.