Florida Divorce Modification and Enforcement Attorney
Although divorces are meant to be the final word on all issues pertaining to your marriage, in practice, that is not always the case. Life happens, circumstances change, and legally imposed arrangements and agreements may no longer make sense. If your financial circumstances change or you get a job in a new state and you want to bring your kids along for the move, you need to address your current rights and obligations under your final divorce judgment. On the other hand, if your spouse is refusing to comply with the terms of the Court Order without your consent, you have the power to enforce your rights. The Florida divorce modification and enforcement attorneys at the Law Office of Scott Glassman, P.A. are here to help.
Our experienced custody and support modification lawyers can help you obtain a modification to your child support, parenting time, or alimony arrangements to reflect new circumstances in your life. If your ex is refusing to pay their support, or if they are preventing you from exercising your parental rights, our seasoned Florida enforcement attorneys will help you protect your rights and interests. Call today for a consultation with one of our seasoned attorneys. The passionate family law team at the Law Office of Scott Glassman, P.A. have more than 60 years of combined experience, and we are ready to fight for you.
Grounds to Modify Spousal Support, Child Support, Parenting Time/Child Custody
The seasoned divorce modification attorneys at the Law Office of Scott Glassman, P.A. can help you seek a modification of your support obligation or child custody arrangement. Modifications will only be granted under certain circumstances.
Modifying child support. You might have grounds to modify your child support obligations if you have had a significant change in circumstances that affects your ability to pay. A change in circumstances might mean, for example, losing your job or facing unexpected and costly medical bills. If you are the recipient of child support, you may be able to request additional support if your income has decreased, you are experiencing financial hardship, if your child has an expensive illness or injury, or if education and extracurricular costs are greater than expected.
Modifying alimony. Spousal support may be modified in certain situations. You may be able to modify your alimony obligation if your ex who is receiving alimony cohabitates or marries a new partner, or if you can otherwise demonstrate they no longer need the support for the reasons originally stated. Additionally, if your ability to pay has been affected by the loss of your job or some other financial hardship, you might be able to reduce your obligation.
Modifying parenting plan. Your parenting plan/child custody arrangement may need to be modified after the divorce for any number of reasons. Modifications can be granted when one parent relocates to a new state or far-off city, when a parent or child’s medical condition affects the parenting time arrangement, or when one party refuses to adhere to the time-sharing schedule already established. Child custody modifications are only granted if they are found to be in the best interests of the child.
What if My Ex Refuses to Pay?
If your ex has failed to pay the child support or alimony that they have been Court ordered to pay, they are acting in violation of a Court Order. Failing to pay child support or alimony without the Court’s permission to modify their obligations can lead to significant penalties. They can be held in contempt of Court, leading to penalties such a purge, community service and even jail time. With help from your enforcement attorney, you might even be able to obtain an order garnishing your ex-spouse’s wages, such that a portion of their paycheck goes directly to support.
It is important to go through the proper channels to seek enforcement of your child support or spousal support rights. Do not take matters into your own hands by, for example, preventing your ex from seeing the kids until they pay what they owe. Parenting time rights and support obligations are separate. If you withhold parenting time your ex is due under the Court’s Order, you are acting in violation of the law and may find yourself subject to unnecessary legal penalties. Talk to your Florida support enforcement attorney for help getting the money you are due.
What if My Ex Refuses to Let Me See My Kids?
When the Court issues a Final Judgment incorporating a parenting plan or time-sharing plan, that plan now has the power of law behind it. That means that both parties are bound by the terms of the plan unless both parties agree to a modification or the Court issues a modification. If one party is not holding up their side of the plan, they are violating a Court Order and can face penalties.
The first step is usually to try to resolve the issue with your ex; remind them of their obligations under the Court’s Order and try to resolve the issue amicably. If they refuse to let you have your allotted parenting time, however, then you should talk to your Florida child custody enforcement attorney. Your attorney can take the matter to Court on your behalf and inform the Court of your ex’s behavior. Violating a Court Order can subject the party to a number of penalties, including:
- Being held in contempt of Court
- Jail time
- Requirement of a purge
Depending on the circumstances, withholding parenting time might even be a criminal offense. If your co-parent tries to relocate to a new state or out of the country and takes your kids without your permission, they could be engaging in parental kidnapping. Talk to your lawyers and contact the authorities to ensure the safety of your children and the sanctity of your parental rights.
As we discussed above with regard to support obligations, we strongly discourage self-help. If your ex is preventing you from seeing your kids, talk to your attorney, talk to the authorities, and take your concerns to the Court. Do not try to threaten or coerce your ex by withholding spousal support or child support. Doing so can land you in legal hot water and undermine your position before the Court.
Get Help Protecting Your Parental Rights from a Seasoned Florida Modification and Enforcement Lawyer
The experienced Florida child custody, support, modification and enforcement attorneys at the Law Office of Scott Glassman, P.A. have more than 60 years of combined experience helping Florida family law clients get the results they deserve. For help fighting for your financial and parental rights or with other family law matters in Martin, Palm Beach, Broward, or statewide, call the Law Office of Scott Glassman, P.A. at 561-688-5006 today!