Changing and Enforcing a Divorce Decree in Florida
A divorce decree is a formal legal document that sets forth rights and obligations that the former spouses have to abide by. If the former spouses want to change the agreement, they must undergo a formal legal process. Similarly, if one person is not sticking to the terms of the agreement, a formal legal process is available to enforce the terms of the divorce decree.
Brandt & Feinberg: A Family Law Firm Serving South Florida
St. Lucie/Martin ∙ Palm Beach ∙ Okeechobee ∙ Indian River
Brandt & Feinberg is a professional and well-established law firm that provides family law legal services to residents of South Florida's Treasure Coast.
Our family law practice is led by attorney Lee Feinberg. Mr. Feinberg has more than 15 years' experience as a Florida family law attorney, and he has advanced experience helping clients with new divorces and with modifications and enforcement of existing divorce decrees.
Modification of a Divorce Decree
Most frequently, people seek a divorce decree modification when they want to change child support payment amounts or alter the child custody or visitation agreements (now known as timesharing and parenting plan agreements). If the parents agree on the terms of the modification, then your lawyer will formalize the agreement in writing and submit it to the court for approval.
In other cases, however, the parents agree on whether or not the arrangements should be modified. In those cases, one parent may ask the court to intervene and order the modification. The parent who seeks the modification — whether to child custody or child support amounts — must demonstrate that there has been a "substantial change in circumstances," such that the modification is in the child's best interests. Examples of substantial changes in circumstances include:
- One parent's income changes dramatically, through no fault of his or her own
- One parent's lifestyle or living situation changes in a way to endanger the child's best interests
- One parent intends to move out of state and wants to change the child custody or visitation plan
Enforcement of a Divorce Decree
If a divorce decree is violated, then the other former spouse may formally request that the court enforce the divorce decree by filing a motion for contempt of court. An enforcement motion may be filed if any term of the divorce decree is violated — nonpayment of child support, nonpayment of alimony, or disregard of the custody and visitation agreement.
At Brandt & Feinberg, we are available to help clients on either side of a divorce decree enforcement action, whether you want to file an enforcement action or if you have had an enforcement action filed against you.
Schedule a Free Consultation With One of Our Lawyers
Brandt & Feinberg offers all new clients a free, and confidential, initial consultation. We will explain the process for obtaining a modification or enforcement of a divorce decree, and explain exactly how we can help.
To make an appointment, call 772-398-4666 or contact us online.
Free Initial Consultations ∙ Credit Cards Accepted
Urgent Calls Returned 24 Hours Daily ∙ Evening and Weekend Appointments
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