Post-Judgment Modifications and Enforcement Actions
Bradenton, Lakewood Ranch, Sarasota, and Venice, Florida Post-Judgment Modifications and Enforcement Lawyer
A court order is meant to give you closure and direction—but when it stops working or is flat-out ignored, that closure can quickly turn into stress and confusion. Life changes, people fall behind, and sometimes the final judgment you once relied on becomes a source of frustration or harm. Whether you’re dealing with unpaid support, an ex-spouse refusing to follow the parenting plan, or a real and significant change in your own financial or personal circumstances, you deserve a trusted and experienced Bradenton, Lakewood Ranch, Sarasota, and Venice, Florida divorce attorney who takes your concerns seriously and knows how to act during family legal disputes.
At the Law Offices of Matthew Z. Martell, P.A., we’ve handled these cases across Manatee County and Sarasota County, Florida for years, and we understand what’s at stake for you and your family. On this webpage, the Law Offices of Matthew Z. Martell, P.A explain what post-judgment modifications and enforcement legal actions involve in a family law situation; what rights and options Florida law gives you; and how a trusted and experienced Bradenton, Lakewood Ranch, Longboat Key, Anna Maria Island, Sarasota, Siesta Key, and Venice, Florida family law attorney can help you take the right legal action.
What Is a Post-Judgment Modification in Florida?
Post-Judgment Modifications Explained — When a Florida family court enters a final judgment for things like divorce, child custody, child support, or alimony, those court orders are legally binding. But life can change, and sometimes the original court order no longer works for one or both ex-spouses. A post-judgment modification is the legal process you use to ask the court to change those orders after the divorce case is over.
When Modifications Are Allowed — Florida law doesn’t let you change a court order just because you want to. There has to be a “substantial, material, and unanticipated change in circumstances.” That means something significant must have changed since the original order was put in place. This rule is found in § 61.14, Florida Statutes. For example, you may be able to request a change if you lost your job, your ex-spouse’s income increased, your income has significantly decreased, or your children’s needs have significantly changed since the divorce was completed. In child custody and timesharing cases involving a modification of a parenting plan, Florida courts also look at whether the change is in the best interests of the child(ren) under § 61.13.
What Can Be Modified — Not every part of a court order can be changed. In general, you can ask the court to modify child support, alimony, parenting plans (parental responsibility and timesharing), and the actual regular, holiday, and summer child visitation schedules. Property division usually can’t be changed unless there was fraud or some other serious issue. Florida Statutes § 61.30 covers how child support is calculated and how it can be modified. Whether alimony can be changed depends on the type of alimony awarded—some alimony types are modifiable, while others are not. For example, durational alimony can usually be modified, but bridge-the-gap alimony can’t be under Florida Statutes § 61.08.
Why You May Need a Family Law Lawyer — The law around modifications is detailed and not always straightforward. You’ll need to follow the correct legal procedures, meet the court’s standards, and present strong evidence. A Bradenton, Lakewood Ranch, Sarasota, Siesta Key, Manasota Key, and Venice, Florida family law attorney can help you understand whether your situation qualifies for a modification and can handle the legal process so that everything is done properly. If you’re opposing a modification, a trusted and experienced family law lawyer can help defend against changes that aren’t fair or necessary.
When Can You Modify a Court Order in Bradenton, Lakewood Ranch, Sarasota, and Venice, Florida?
What the Law Says About Changing Orders — Florida law allows post-judgment modifications when there has been a substantial, material, and unforeseen change in circumstances. This rule applies to things like child support, child custody, timesharing, and alimony. The legal standard is laid out in Florida Statutes § 61.14 for financial matters, and in Florida Statutes § 61.13 for child parenting-related issues. Courts won’t approve a change just because one person feels like it— it has to be something significant that couldn’t have been predicted when the original divorce order was entered.
Situations That Often Qualify — Some of the most common reasons for requesting a modification include losing a job, getting a higher-paying job, a major illness or disability, one parent relocating, or a significant change in a children’s needs. In child custody cases, the court will also consider whether the proposed change is in the best interests of the child. If both parents agree to the change, the court will usually approve it more easily. But even in those situations, you’ll still need to file the right paperwork and then get a judge to sign off.
How the Process Works — If you want to request a modification, you’ll need to file a Supplemental Petition to Modify the Final Judgment. You have to serve the other party using a process server and go through the proper legal channels, just like in a new family law case. The court will also require mediation before setting any major hearings. If you’re opposing a modification, it’s just as important to respond on time and present your side clearly. A trusted and experienced Manatee County and Sarasota County, Florida family law lawyer can help with preparing the petition, filing it with the court, and arguing the case at a hearing.
No Automatic Changes Allowed — It’s important to know that nothing happens automatically. Even if you lose your job or your ex-spouse gets a raise, your child support or alimony obligation doesn’t change unless the court enters a new order. Continuing to pay the original child support and/or alimony amount or following the original parenting plan plan is required until the court officially modifies it.
How to Enforce a Florida Family Court Order After Divorce
When Enforcement Applies — If your ex isn’t following your divorce final judgment—like not paying child support, missing alimony payments, or ignoring the timesharing schedule—you can take legal action. Florida Statutes § 61.13 covers child parenting violations, while Florida Statutes § 61.14 applies to financial support issues. These laws empower courts to enforce compliance.
Legal Tools the Court May Use — Courts have broad tools—like income withholding, driver’s license and professional license suspension, or even money judgments that can be reduced down to recordable property liens—for unpaid child support. For parenting plan violations, judges may order contempt of court and/or sanctions. Contempt of court in delinquent child support cases can eventually even lead to brief jail time for the deadbeat ex-spouse until there is substantial compliance by satisfying a child support “purge” order.
Filing for Enforcement — Begin with a motion for civil contempt or enforcement. Clearly outline the violations and show proof. The court will hold a hearing, and if it finds a willful violation, it can issue an order—like a repayment schedule, a contempt of court order, or financial penalties—to ensure compliance.
Don’t Wait to Act — Delays can make problems worse. Unpaid child support and/or alimony may take longer to recover, and child parenting violations may harm your relationship with your child. Whether you’re enforcing or responding, acting quickly— with help from a highly rated Bradenton, Sarasota, and Venice, Florida family law attorney— can protect your rights.
Are You Eligible to Change Child Support or Alimony?
Florida Child Support Changes — Florida law (§ 61.14 and § 61.30) allows changes in child support when there’s a substantial, lasting, and unforeseen shift in circumstances. Common reasons include job changes, altered parental responsibility (custody), regular timesharing, or overnight timesharing; or a child’s new educational, medical or other significant child-related expense needs. A recalculated difference of 15% or $50—whichever is greater— may qualify for a change under the Child Support Guidelines laws in the State of Florida.
Alimony and Modification Rules — Under Florida Statutes § 61.08, certain alimony types can be modified if a major change occurs, like retirement or an ex-spouse cohabitating and engaging in a supportive new financial relationship with that boyfriend. But bridge-the-gap alimony can’t be changed– no matter what the situation is.
Evidence the Court Needs — You must present strong evidence—such as pay stubs, tax returns, or school and medical records. The court won’t accept unverified claims, and changes can’t be temporary or self-inflicted, like quitting a job.
Legal and Financial Guidance — Determining eligibility for child support modification or alimony modification involves careful calculations and legal standards. A lawyer can assess numbers, prepare documents, and advocate for you in court—whether you’re seeking or contesting a change. Knowing your legal rights under Florida law is essential.
Can You Modify a Child Custody or Visitation Schedule?
What Florida Law Allows You to Change — If you want to change a parenting plan visitation schedule, Florida law lets you do so, but only under specific conditions. Florida Statute § 61.13 says that a judge can change parental responsibility (custody) or timesharing only if there’s been a substantial, material, and unanticipated change in circumstances. This means something big must have changed in your or your child’s life since the last court order approving your parenting plan was entered.
How the Court Decides What’s Best for the Child — In every case that involves parenting, custody, or timesharing (visitation) the judge’s main concern is the child’s best interests. Florida Statutes § 61.13 lays out a list of factors the court must consider– like each parent’s ability to meet the child’s needs, the stability of the home, and how well the parents work together. Even if you and the other parent agree to change the parenting plan and/or timesharing schedule, the court still has to approve it if the order is going to be legally binding.
Common Reasons for Seeking a Change — Some examples of major changes that might justify modifying a child custody or child visitation order include one parent moving far away, a change in the child’s school or medical needs, or one parent failing to follow the current court order regarding an important section of the Parenting Plan such as unilaterally and repeatedly changing your Fall Break, Thanksgiving, and/or Winter Break holiday scheduled timesharing with your children. Sometimes, changes in a parent’s work schedule or living situation can also qualify, but it depends on the full circumstances.
Filing the Right Paperwork and Attending a Hearing — To ask for a change, you’ll need to file a Supplemental Petition to Modify Parenting Plan and Timesharing Schedule. The other parent must be served, the case with first go to mediation and then a hearing. At the hearing, you’ll need to show clear and convincing evidence of the change and why your proposed amended parenting plan is better for the children. If the other parent is objecting, the judge will listen to both sides before deciding.
What Happens If Your Ex Violates the Court Order?
Violating a Court Order Has Serious Consequences — If your ex ignores parts of the final judgment—like a parenting plan or a financial support order—you can return to court. Florida law treats this seriously, especially if children or finances are involved. Florida Statutes Florida Statutes § 61.13 covers parenting violations; Florida Statutes § 61.14 deals with enforcing child support and alimony. Judges have broad power to compel compliance.
Types of Violations You Can Enforce — Violations include denying visits, late exchanges, not returning the child, or moving without notice. Missed payments, unpaid child medical costs, or failure to provide child health, dental, vision, prescription, and life insurance also count. You can file a Motion for Civil Contempt or Enforcement, depending on the issue.
What the Court Can Do About It — If the violation is willful, the court can issue penalties—fines, attorney’s fees, makeup time, wage garnishment, license suspension, or rarely even some brief jail time. For parenting issues, custody and visitation terms may be changed if it’s best for the child.
Keeping Records and Acting Quickly Helps — Track every incident—dates, messages, and violations. Act promptly to build a strong case. If you’re wrongly accused, you can defend yourself in court. A Bradenton, Lakewood Ranch Sarasota, and Venice, Florida family lawyer can help with court filings, evidence, and representation.
Defending Against a Post-Judgment Divorce Action in Florida
You Have the Right to Respond and Be Heard
If your ex-spouse files a post-judgment modification or enforcement action against you, Florida law allows you to respond and present your case. Courts won’t just accept one side’s claims against you without at least giving you written notice. You’ll be served with papers and then must usually respond in writing within 20 days, per the Florida Family Law Rules of Procedure.
Understanding What’s at Stake
These actions can affect custody, timesharing, child support, or alimony—or can enforce existing orders. Florida Statutes § 61.14 governs support and alimony, while Florida Statutes § 61.13 covers parenting. If you don’t respond or attend court, then a judge can rule without hearing your side— potentially changing and hurting your legal rights or legal obligations.
Common Defenses to Modifications or Enforcement
You can argue no significant change has occurred, the request isn’t in the child’s best interest, or the other party disobeyed the order. For enforcement, you may show you followed the order, didn’t willfully fail to comply, or had unavoidable reasons for noncompliance.
Why Legal Help Makes a Big Difference
Strict procedures and serious consequences make legal guidance essential. A trusted and experienced family law lawyer can protect your rights, handle filings, and prepare for court. Without help, you risk missing key deadlines or arguments that could adversely affect your outcome.
What to Expect During the Court Process
Petition or Motion Starts the Case — Post-judgment actions begin with a Supplemental Petition (for modifications) or a Motion for Contempt or Enforcement (for violations). These must be served, and the other party has a chance to respond before the court proceeds.
Mediation Often Comes First — In Manatee County and Sarasota County, Florida, judges typically require mediation before scheduling a big hearing or a trial. Mediation allows parties to try resolving the case. If they agree, the settlement agreement is submitted to the judge for approval; if not, the case proceeds to court.
Hearings Need Evidence and Proof — At a hearing, both sides present testimony, evidence, and question witnesses. Modification cases must show a substantial, material, and unanticipated change. For contempt, you must prove the violation was willful and intentional. Florida courts require strong documentation.
Judge Issues the Final Order — Based on Florida Statutes § 61.13 and Florida Statutes § 61.14, the judge decides the outcome—this may include modifying child support, ordering parenting time, modifying alimony, awarding attorney’s fees and costs, or holding someone in contempt of court. The ruling becomes a new binding order in your case. A skilled and highly rated divorce attorney can help navigate this process effectively.
How a Bradenton, Sarasota, Lakewood Ranch, and Venice, Florida Family Law Lawyer Can Help You
Help With Modifying or Enforcing a Court Order — Whether you’re asking for a change or trying to make someone follow an existing order, a trusted and experienced family law lawyer can help you take the right legal steps. Florida courts expect strict compliance with legal procedures and evidence rules. If something is filed incorrectly or missing, the court will probably deny your request. A local and reputable family law attorney who understands Manatee County and Sarasota County judges and court procedures can help you avoid delays and get a better result.
Handling the Legal Details So You Don’t Have To — The legal system can feel overwhelming, especially after your divorce or final judgment is already behind you. A trusted and experienced divorce attorney like Matthew Z. Martell will know how to file a Supplemental Petition for Modification or a Motion for Contempt or Enforcement. He will help gather the right evidence, track deadlines, and make sure your arguments are clearly presented. If there’s a chance to resolve the issue without going to court, this trusted and experienced divorce lawyer, Attorney Matthew Z. Martell, will help with that too through negotiations and mediation.
Local Knowledge Can Make a Difference — Bradenton, Sarasota, and Venice, Florida family law judges have specific expectations when it comes to divorce post-judgment cases. A lawyer who practices regularly in Manatee County and Sarasota County will know what kinds of arguments work best and how to tailor your case for the local courtroom. That can be a big advantage when you’re trying to get a fair outcome.
