Orlando Modification & Enforcement of Final Judgment Attorney
When your divorce has been finalized, you’ll receive a final decree. This is the court’s formal order granting a termination of a marriage. This order may include decisions about certain elements, such as alimony, division of property, debts, child custody, and child support.
However, final judgments are not always final. A number of issues can arise even when the divorce has been finalized. One spouse may not follow through with the terms of the divorce decree, which means that the other spouse may have to enforce it with the court. In some cases, a modification may be necessary to change an agreement due to life circumstances. There may also be some sort of hardship, requiring a change to a support obligation.
If the final decree needs to be modified by one or both parties, a request must be filed with the court. If both parties are in agreement, the modification will be approved. However, if there is a disagreement, a court hearing will be necessary and a judge will need to make a final decision.
Need a modification or enforcement after a divorce decree has been issued? Seek legal help from Orlando modification and enforcement of judgement attorney Steve W. Marsee, P.A. Attorney at Law.
Common Reasons for Modifications
Changes to the final judgment require that one or both parties present a substantial change in circumstances. A modification may be requested in the following situations:
- One party is relocating out of town or to another state.
- One party has a new job.
- One party has a change in income.
- One party has been incarcerated.
- There is dissatisfaction with the current parenting plan.
- One party is not complying with the order.
While child support and parenting plans can be modified after a divorce decree has been issued, alimony is often more difficult to modify.
How to Enforce a Judgment
The final decree is a court order that both parties must agree to abide by. However, judgments do not enforce themselves. It is possible for one of the parties to refuse to comply with the orders. In these situations, post judgment enforcement may be necessary. The most common actions are wage garnishment and bank levy. Wage garnishment is when money is taken out of a person’s paychecks, while a bank levy is much more extreme, taking all the funds in a bank account.
If enforcement is not enough and the party continues to disregard court orders, they can be found in contempt of court. The penalties include fines and jail time.
Contact Us Today
Even a final divorce judgment may not actually be final. Many issues can arise, leading to modification and enforcement issues.
Count on Orlando modification and enforcement attorney Steve W. Marsee, P.A. Attorney at Law to guide you through the post-divorce issues you may face. We’ll help you get a favorable outcome. Schedule a consultation with our office today by filling out the online form or calling 407-521-7171.