Boca Raton Modification Lawyer
Skilled Boca Family Lawyers Handling Modifications of Divorce and Domestic Relations Orders
When a Florida family court enters a final judgment of divorce, the judge includes numerous orders regarding child custody, child support, alimony and the division of property. These orders are meant to be final as well. However, the courts do understand that sometimes circumstances change that would justify modifying these orders at a later date. Since these are orders of the court, it is necessary to go back to court in order to obtain a modification.
If you need to modify a domestic relations order entered in your divorce, contact the knowledgeable Boca Raton modification lawyers at Wise Lieberman, PLLC for assistance. Our skilled family modification lawyers know the steps to take to prepare a strong, persuasive motion that convinces the judge a modification is warranted. Our firm can also represent you in opposing modification motions filed by the other party when you feel they are not warranted or in your best interests.
What Does it Take to Get a Divorce Modification in Florida?
In order to obtain a post-divorce modification of alimony, custody or other orders, you must be able to demonstrate a substantial change in circumstances that was unforeseen at the time the original agreement or order was made. Examples might include a change of income (up or down) of either party that justifies a modification of support payments, or a change in the needs or expenses of one of the former spouses. If an ex-spouse who is receiving alimony remarries or moves in with a partner, this may be grounds for a modification or termination of alimony payments.
A change of income or a change in the needs of the children may also justify revisiting the Florida Child Support Guidelines and determining a new amount of support. Also, as children grow and develop, their needs and interests may change so that a change in custody is warranted, perhaps changing primary custody to the parent better able to care for the child’s changing needs. As with all family law matters involving children, the court will consider a modification only if it is in the child’s best interest. Your lawyer will make the case to the judge whether a change is in the child’s best interest or not.
Parental Relocation
According to the terms of the child custody parenting plan and time-sharing schedule, parents are prohibited from relocating with their children without first getting permission from the other parent and/or going to court for a modification of the custody arrangement. Any move that is more than 50 miles from the parent’s former residence and that lasts for at least 60 consecutive days is considered a relocation. Relocating with a child without first getting permission from the court can actually be a serious criminal offense and can negatively impact the parent’s ability to share in custody in the future. Contact Wise Lieberman for help if you are needing to relocate or modify the parenting plan and time-sharing schedule with your co-parent.
Enforcement
Court orders for alimony or child support, or governing the parenting plan, time-sharing schedule and property division, are enforceable by the court. By heading into court for enforcement of these orders, you bring the court’s civil contempt powers to bear on your ex-spouse who is not complying with court orders. The family court can institute a number of methods to force compliance, such as withholding money for support from a paycheck or placing a lien on property. The court could also take away a person’s driving privileges other than getting to and from work until the person complies with court orders. An unemployed or underemployed payer of support could be required to get a job or job training in order to afford the level of support required.
Wise Lieberman can help bring actions in court to enforce compliance with alimony or child custody, or represent you if you are haled into court to defend yourself against charges of noncompliance.
Get Help with Modification from Skilled and Knowledgeable Boca Raton Family Lawyers
For help seeking or opposing post-divorce modifications in the 15th or 17th judicial circuits in Palm Beach and Broward counties, contact Wise Lieberman, PLLC at our offices in Boca Raton and Plantation.
