Enforcement and modifications – Post Divorce issues that may come up.
- March 24, 2016
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Going through a divorce is hard; one has to go through a lot of emotional and mental turmoil. Yet, getting a Jacksonville divorce attorney on your side and having a divorce order passed by the court is not the end of the case. There are several intricacies that remain. For example, the court may have passed a ruling for child support or child custody, bearing in mind a particular set of circumstances. When these circumstances change, either of the spouses can turn to the court and ask for a modification in the order.
Modification is basically asking the courts to reconsider their stance and amend their orders in line with the change in circumstances.
What Areas can you get a Modification in?
Certain areas of divorce order can be modified using a modification order from the court. These areas are:
- Child custody
- Child Support
- Child Visitation (time sharing)
- Alimony payments
While the courts are willing to consider the changing circumstances, you will need a good Jacksonville divorce attorney to persuade the court to modify their original ruling.
Getting a Modification
The courts in Florida recognize the need for an order that is kept in line with the current situation of the spouses. Hence, they are willing to pass modification orders on their original ones. But, they tend to need solid persuasion to ensure they allow for a modification because readily awarding modification for small reasons can hamper the certainty and predictability of the law. Some of the reasons which can be used to obtain a modification by a Jacksonville divorce attorney are:
- A change for the worse in the financial situation of the spouse making the child support and alimony payments.
- A change for the better in the financial situation of the spouse getting the alimony payments
- Spouse getting the alimony payments, cohabiting with another partner
- Allegations of physical, substance or child abuse coming to light about either of the spouse, especially the one that has child custody.
Enforcing the Orders of the Court
Getting a court order of child support or alimony payments in your favor and actually getting the alimony payments and child support paid to you by the other spouse are two different things. There are a few situations where the order of the court is delayed or ignored for as long as a spouse reasonably can.
In situations like these, what options does the other spouse have? They can simply call their Jacksonville Divorce attorney and ask the courts to enforce their orders. In such a case, the courts can take harsh measures towards a spouse who is unable to fulfill an order they passed. To make such spouses comply with the order, the courts can use a number of different techniques. These enforcement techniques include:
- Placing a lien on the property of the violating spouse
- Suspending their driving and other licenses
- Ordering the payment of arrears
- Garnishing the wage of the violating spouse
If you are someone who would like to get your divorce order modified or someone who has yet to receive what was promised in the divorce order, contact us to get the best Jacksonville Divorce attorneys at your service today!