Modifications

Modification of Judgments

Often times, after a Final Judgment is entered by the Court in a family law case new issues will arise that need to be addressed by the Court. In order for the Court to consider modifying its previous judgment, the party making the request must show that there has been a substantial change in circumstances since entry of the Final Judgment. Once a substantial change in circumstances has been established the Court will make a determination based on the child’s best interest. A Supplemental Petition reopens a case for new findings, and has similar legal requirements as the original proceedings.

Motions For Contempt/Enforcement

When a party fails to comply with an order or judgment of the Court, most often when a party fails to pay child support, the non-offending party must file a motion with the Court to hold the offending party in contempt and request that the Court enforce the order or judgment. Passively waiting for the offending party to fulfill their duty could potentially prevent recovery by the non-offending party. See Florida Rule of Family Law Procedure 12.615.

Parental Relocation

In the event a custodial parent wants to relocate farther than 50 miles as part of a divorce, or after a determination regarding time-sharing has been made, they must comply with certain legal requirements. Under Florida Statute 61.13001 the parents must agree to relocation in writing or the Court will make a determination based on the best interest of the child(ren) . The relocating parent has the burden of preparing and filing the necessary documentation, if they do not go through the proper channels the parent (and children) may be required to return to their previous hometown.