Post-Judgment Modifications and Enforcement FAQ

Frequently Asked Questions About Post-Judgment Modifications and Enforcement in Bradenton, Sarasota, and Venice, Florida

Can I change my custody order if my ex-spouse won’t agree?

Yes, you can file a petition to modify the parenting plan without your ex’s agreement, but you’ll need to prove that there’s been a substantial, unexpected change and that the new plan is in your child’s best interests under Florida Statutes § 61.13.

What if my ex stops paying child support?

You can file a motion for contempt or enforcement with the court. If the judge finds your ex-spouse has willfully failed to pay, they can order wage garnishment, suspend licenses, or impose other penalties under Florida Statutes § 61.14 to collect what’s owed.

Can alimony be reduced if I lose my job?

If the job loss is involuntary and significantly impacts your ability to pay, you may qualify for a reduction. You’ll need to file a supplemental petition and provide proof that your income has changed in a substantial and ongoing way under Florida law.

How long does it take to change a support order?

It depends on how complex the case is and how busy the court is. If both sides cooperate, it can take a few months. If there are disputes or delays, it could take much longer before a judge makes a final decision.

Do I need a lawyer to enforce a court order?

You’re not required to have a family law lawyer, but having one helps a lot. The process involves court filings, evidence, and hearings. A trusted and experienced Bradenton, Sarasota, and Venice, Florida family law attorney like Matthew Z. Martell can help you avoid mistakes and make sure the court takes your request seriously.

What if my ex keeps breaking the parenting schedule?

If the other parent repeatedly violates the court-ordered parenting plan, you can file a motion to enforce it. The judge can order makeup time, modify the schedule, or impose consequences to protect your legal rights and your child’s stability.

Can I stop paying support if my circumstances change?

No, you must keep paying the ordered amount until the court changes it. If your financial situation changes, file a petition to modify the order. Stopping payments without a new court order can lead to enforcement actions and possible penalties.

Do I have to go to court to get a change approved?

Yes, changes to support, custody, or alimony must be approved by a judge. Even if both of you agree, the court has to sign off on it to make it legally binding. You’ll usually have to attend a hearing unless the judge waives it.

What’s considered a “substantial change” in Florida?

It could be a major income shift, job loss, remarriage, relocation, or a change in the child’s needs. The change must be permanent, significant, and not something either of you or the court expected when the original judgment was entered, as explained in Florida Statutes § 61.14.

Can I make my own agreement with my ex and skip court?

You can agree on changes privately, but they’re not enforceable unless they are in writing, filed with the clerk of courts in your divorce case, and the court approves them. To protect yourself and make the changes legal, you should file a written agreement with the court and then ask the judge to approve it in writing as an official order.

Bradenton, Sarasota, Lakewood Ranch, and Venice, Florida Child Custody and Support Modification Lawyer

When a final judgment is no longer working—or when the other party refuses to follow it—you need more than just advice. You need a strong legal advocate who knows what to do and has done it several times before. At the Law Offices of Matthew Z. Martell, P.A., our trusted and experienced Bradenton, Lakewood Ranch, Anna Maria Island, Sarasota, Siesta Key, Manasota Key, and Venice, Florida family law attorney is committed to helping individuals take meaningful legal steps when they’re feeling stuck, ignored, or overwhelmed. We understand how difficult it is to revisit painful issues like unpaid child support, missed alimony payments, or a parenting plan that’s being constantly violated or is no longer workable. We’re here to provide clear guidance, smart legal strategy, and determined legal representation in and out of the courtroom. You don’t have to carry this burden alone. Contact Law Offices of Matthew Z. Martell, P.A. by calling (941) 556-7020 or contacting us online for a 15 minute free phone consultation. We’re ready to talk with you, understand your situation, and help you take the next step forward.