Different Types of Post Judgment Modifications and Enforcement Actions
Even after a judgment has been entered by the courts, you can request that the court modify or enforce your current Marital Settlement Agreement and/or Parenting Plan that has been incorporated into the Final Judgment. A judge may agree to allow you to proceed forward with a Supplemental Petition for Modification if the circumstances of one or both parties have changed significantly. A motion to enforce judgment may also be pursued if a party has violated the terms of the divorce settlement agreement and/or parenting plan incorporated into the final judgment. A judge is required to consider a post judgment modification.
With that said, Florida courts won’t automatically just agree to allow you to proceed forward with a supplemental petition for modification if you request and file it. You’ll need to show the court that your request is a valid one. This means collecting and submitting evidence that supports your request, such as tax returns, school records, police reports, or other evidence.
Whether you want to modify your divorce settlement agreement, or if you just need a judge to help you enforce your marital settlement agreement, the Law Offices of Matthew Z. Martell in Sarasota, Bradenton, and Venice can help. We’ll work with you to make sure your legal concerns are addressed and that the court will take legal further action when necessary.
Different Types of Post Judgment Modification and Enforcement Actions
Situations change over time, which is why courts allow for post judgment modifications under certain circumstances. Courts may also step in and enforce a settlement agreement incorporated into a Final Judgment if it is not being followed. If there is a serious issue with your current marital settlement agreement or parenting, you can file a supplemental petition to modify that agreement or request that the Final Judgment made by the court is enforced.
Child custody, child visitation, child support, and alimony orders may all be modified by the court at a later date. These orders can be requested if the circumstances of one or both parties have substantially changed. As an example, you can request a modification to a child support order if the party that pays support has a change of income.
In addition to modifying child support, it’s possible to request parenting time modifications. As an example, timesharing orders may be modified if one party relocates more than 50 miles away.
The courts will always consider the best interests of the children when modifying child custody, child visitation, or support orders. Since these modifications can have a significant impact on the finances of both parties, it’s best to work with experienced divorce lawyer near you in Sarasota, Bradenton, and Venice, Florida such as Attorney Matthew Z. Martell when you request such modifications.
When a party fails to follow a court order, there are a number of enforcement remedies that can be taken by the court. These actions include contempt, judgments, execution orders, and even asset sale orders. If you have to take a party to court to enforce an order, the court may also request that the party cover all legal expenses related to that enforcement action.
These actions are frequently taken when one party owes the other funds, such as child support, alimony, or a portion of the proceeds from recently sold assets. While it’s best to try to resolve these matters outside of court, the court will step in and enforce its own prior order or judgment when needed. Courts have a great deal of discretion in how an order is enforced.
How a Sarasota and Bradenton Divorce Attorney Can Help
If you need to return to court to modify or enforce a judgment, you’ll need the support of an experienced divorce lawyer. At the Law Offices of Matthew Z. Martell, we’ll gather evidence to demonstrate to the courts that your request is necessary. We’ll work to resolve things as quickly as possible and will ensure that your rights are protected throughout the process.
At times, it’s necessary to ask the courts to step in and modify or enforce a judgment. Sarasota, Bradenton, Lakewood Ranch, and Venice, Florida Attorney Matthew Martell can help you legal change the terms of your divorce Final Judgment or make sure that the court’s judgment is being followed. For a free initial phone consultation, give us a call at (941) 556-7020.