After one gets a divorce, one may be forced to go back to court to "modify" the final judgment because life's circumstances have changed. One parent may want to relocate with the children out of state. Another parent may want to reduce child support because of a loss of a job or a serious illness. An injunction may be needed because one of the parents is alienating the affections of the child for the other parent. Visitation is frequently changed through the modification process. Changes in custody can also occur in this way.
It is common for divorce decrees to be modified on two or three occasions if children are involved. Divorce decrees which involve alimony are often modified every few years.
The Firm assists clients in attempting to change the terms of their divorce decrees based upon a substantial change in the client's circumstances since their divorce decrees were entered. Some of the "changes" that can be made include but are not limited to:
- Child support: Child support can be increased or decreased
- Custody: Custody of children can also be given to the other parent or be more equally shared under certain circumstances
- Visitation: Visitation provisions of a divorce decree can also be modified.
- Alimony: Alimony can be reduced, increased or even terminated under certain conditions
Recent change in Florida Law:
Under some circumstances, alimony can be reduced or terminated when the former spouse is living with a person as if they were married.
The Firm provides legal advice regarding whether you may be entitled to modify your divorce decree. If a modification is appropriate, the Firm can then file a Petition for Modification and seek to have those provisions of your old decree changed.
Catherine W. Real, P.A. assists clients in initiating or defending "post judgment modifications" of divorce decrees.
Enforcement: Final Divorce Decree Sometimes Need To Be Enforced.
Sometimes one of the parties refuses to obey the requirement of the Final Judgment
What if your spouse just does not obey your divorce decree? You are denied visitation. You can't collect your alimony or child support. Your spouse won't turn over to you those things that you were awarded in your Final Decree. There are repeated violations of the "don't harass me" provisions of the decree.
The Firm provides advice about what legal actions you can take to "enforce" your divorce decree. Some of the available legal options include the filing of a Motion for Contempt, an Order To Show Cause or an action for enforcement.