Modifications and Enforcement
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Florida law recognizes that needs and circumstances change over time and allows for modifications of time-sharing arrangements, child support and alimony in certain cases. For example, a significant change in income may necessitate a change in child support or alimony. Parenting plans may need to be modified due to changes in an ex-spouse’s residence location or employment. Absent an agreement between the parties, a party must prove that there has been a significant change in circumstances and that the proposed modification is in the best interest of the child. The burden of proving a substantial change of circumstances is fairly difficult as the courts generally discourage litigants from coming back to court simply to renegotiate their previous deal.
Florida law also provides for enforcement of child support or spousal support obligations that are not paid. Willful failure to pay such obligations may be considered contempt of court. A party found in contempt can face sanctions up to and including incarceration. A party can also motion the court for enforcement if there are violations of a parenting plan and timesharing schedule or if other aspects of the court order are disregarded.
The family law attorneys at Rice & Rose are able to assist with modifications and enforcement after your divorce or paternity case is final. If you have had a substantial change of circumstances, it is imperative to seek the assistance of an experienced family law attorney who can evaluate your case to see whether your circumstances would justify a modification and advise you of the proper steps to take.
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