Fort Lauderdale Divorce Decree Modification Lawyer
Modification Hearings and Enforcement Actions in South Florida
If your financial and personal circumstances have changed since the divorce or court-ordered divorce decree—such as through job loss, or a new job in another town or state—you can petition the court to alter your parenting plan or level of child support or alimony. Likewise, if the parent with less timesharing (or non-residential parent) is not living up to their obligations, you have legal recourse to force them to adhere to a judge's orders.
The Law Office of Curtis R. Cowan, P.A. represents men and women throughout Broward County and Palm Beach County. Based in Fort Lauderdale, I am a Board-Certified marital and family law attorney and certified mediator who will advance your interests in these proceedings. E-mail or call my office at (954) 769-0670 to discuss your modification or enforcement issue.
Child Support Modification
Either party can move to have child support increased, decreased, or terminated. The court requires a "substantial change in circumstances." It must be material (financial) and permanent, such as unemployment or reduced salary, or a raise or promotion. It also can include increased needs of the child, such as special education or medical needs. At age 18 or graduation, you can petition to terminate support for a child (unless the child has ongoing special needs). As your lawyer, I can help verify that the court has adequate information on which to base its decision.
Custody and Parenting Plan Modification
Whether job loss or a move to another state prompts a divorce decree modification to a parenting plan, it is important to remember that it is not enough the change be in the child's best interests; it must also be under allowable circumstances. While the court may agree your request is in the best interests of your kids, they can still deny the change.
One parent can petition for sole parental responsibility (formerly sole residential care or sole custody) if there is evidence that the child is endangered in the other parent's home, such as abuse, neglect, domestic violence, or drug use. The court will order an investigation to determine if the parent is unfit, which may include a home evaluation and/or psychological evaluation. I have represented both sides in these very contentious proceedings.
To increase your timesharing with your child, you will need to prove to the court that the child's best interests would be served. Once you have the child 40 percent of the time (at least 146 overnights per year), child support is calculated at a lower rate. However, a judge will see through a naked attempt to decrease support obligations if you have not been active in the child's life before now. The court may also consider the child's input in its decision.
Parents can alter the parenting plan on their own (e.g., to change schedules, a mutual agreement for an older child to go live with Mom or Dad). The court must approve the new plan. However, one parent's wish to relocate with the kids is often hotly contested by the other — I can represent either party.
Modification of Alimony — You can petition to increase, decrease or end alimony if there is a material change in one party's need for continued support or the other party's ability to pay.
Post-Decree Enforcement
Any part of a judgment can be enforced: the parenting plan, child support, alimony, and the property settlement. If the other party is not paying child support, we can seek wage garnishment or levies against bank accounts, even retirement assets.
Failure to pay court-ordered obligations can result in civil contempt charges. A judge may put the violator in jail for willfully withholding payment, but before doing so must provide a "key to the cell." i.e., if the person has the ability to pay, they must be given a window of opportunity to pay all arrears. Failing to turn over children at the assigned time or otherwise interfering with custody rights can also result in contempt charges, and repeated violations may lead to reopening of the parenting plan. While the court cannot modify equitable distribution, if your spouse is found to have breached the agreement, a judge can award a financial judgment to you as a creditor with a payment claim.
If you cannot pay your financial support obligations, I can defend you on the contempt charges, help you seek temporary or permanent modification, and negotiate the arrears. On either side of a modification or enforcement action, you should have experienced legal representation to protect your rights.
Contact My Office About Modifying Child Support, Alimony or Custody
Call me today at (954) 769-0670 for a one-on-one consultation about your legal situation. I will explain the law and likely outcomes, and work toward efficient, cost-conscious out-of-court solutions, but I will aggressively litigate on your behalf as necessary.
