Modification and Enforcement of Final Judgement and Orders
Upon the conclusion of a family law case, the court will enter a final judgment of dissolution of marriage. A final judgment or a family law order may be modified upon a showing of a substantial change in circumstances. This is an extremely high burden to overcome and you need an experienced attorney on your side to advocate your interest to the court.
Modification of Timesharing Arrangement
The timesharing arrangement incorporated into a parenting plan may be modified upon a showing there is a substantial change in circumstances and that the proposed modification is in the best interest of the minor child or children. There are many circumstances in which a modification of timesharing is necessary and in some occasions even urgent, especially when a child is in danger of physical or emotional abuse.
Modification of Child Support
Child support may be modified by either party in the event there is a substantial change in circumstances in which the current child support guidelines differ from the previous established guidelines, at least 15% or $50.00, whichever amount is greater. The court may also grant a child support deviation when a timesharing arrangement has substantially changed or when a parent fails to exercise court ordered or agreed upon timesharing, resulting in the other parting having to spend an extraordinary amount of money to support the minor child or children.
Modification of Alimony
Alimony may be modified upon proof of a substantial, material, permanent and involuntary change in circumstances by either party. If the payor’s income substantially decreases, the court may decrease the amount of alimony. If the payor’s income substantially increases, the court may increase alimony. Also, in the event the court determines the payee is residing together with another person in a supportive relationship, the court may reduce or terminate alimony.
Enforcement and Contempt
A final judgment of dissolution of marriage or any family law order is legally binding upon the parties and as such, the court has the ability to enforce its orders by contempt of court and other means of enforcement. Willful failure to pay alimony or child support are enforceable by indirect civil contempt. The goal of the contempt is to enforce the final judgment or prior order of the court by incarceration, if necessary. The court may award sanctions of monetary and non-monetary, including attorney’s fees. Child support may be also enforced by suspension of the payor’s driver’s license, by income deduction order and by intercepting payor’s income tax refund.
The court may enforce timesharing arrangements by awarding makeup visitation, sanctions and attorney’s fees.
The Dorsey Firm has been representing clients in modification and enforcement cases for over thirty five (35) years and is committed to providing competent and aggressive representation for our clients.
For more information call our office at (904) 346-3883 or Contact Us for an appointment and learn your rights.