Effective Post Judgment Modification Attorney in Stuart, Florida
If the details of your divorce have been finalized, and a marital settlement agreement or a judge’s ruling is in effect, it is not uncommon that material changes occur in one of the former spouse’s lives that requires a post judgment modification in areas of spousal support, child support, or parenting plans.
Our post judgment modification attorney in Stuart . Florida provides exceptional representation for individuals who are seeking to permanently change a final court order or judgment.
Post judgment modifications are complex and require exacting legal experience to successfully petition the courts for the changes that are necessary to provide our clients with solutions that affect their or their children’s lives. The Law Office of Denise Miller, PA, will help get you there faster, so you can begin focusing on the positive results we create.
What Types Of Court Orders Or Judgments Can Be Modified in Stuart, Florida?
When a substantial change in one party’s circumstances occurs, they may petition the court to modify the current agreement that was established when their divorce was finalized. Our post judgment modification lawyer in Stuart, Florida will provide a detailed compilation of the necessary facts for the court’s consideration, so you can focus on solutions.
Common reasons Stuart, Florida post judgment modifications are requested include:
- A child’s developing special needs
- One former spouse begins cohabitating with another or remarries
- One former spouse is convicted of a crime
- One former spouse loses his or her job or becomes promoted
- One parent moves or relocates far from the other parent, or even out of state
- One parent interferes with the other’s relationship with the child
- One party’s deteriorating mental or physical health, including illness or drug/alcohol abuse
These circumstances can result in post judgment modifications for:
- Child support
- Parenting plans and time-sharing agreements
- Spousal support
Unless there is fraud involved, the courts will not modify the distribution of assets or debts agreement that is already in place.
How Can I Prove A Post Judgment Modification Attorney Is Necessary?
The first step to proving your need for a post judgment modification begins with hiring an accomplished attorney in Stuart, Florida. Denise Miller has over twenty years of experience in family law and is a former Attorney for the Florida Department of Revenue Child Support and former Judicial Clerk For the 17th Judicial Circuit, which provides our clients with the experience necessary to produce results inside and outside of the courtroom.
Our approach to drafting and pursuing post judgment modifications includes each of the prerequisites necessary for the court to examine your case, including:
- Proving there is a substantial change in one of the former spouse’s circumstances that necessitates a post judgment modification
- Demonstrate that the change was not contemplated at the time the final judgment was made
- Substantiate that the change is material, involuntary, sufficient, and permanent in nature
Are Post Judgment Modifications Often Approved By The Courts?
When the criteria are met to pursue a post-judgment modification, our attorney will aggressively pursue the best outcome available for your case. Post judgments are not uncommon in Stuart, Florida. Our lawyer knows that things change, and circumstances that may have led to your previous agreement may no longer be applicable.
One common request is for a reduction in child support payments after one parent has lost a job, or is unable to find comparably paying employment. Taking a large pay cut certainly qualifies as an involuntary and permanent change.
A post-judgment modification petition must be filed to pursue this change, and once it is approved it must go into effect legally. You may not simply decide to pay a lesser amount or stop paying child support at all. Failure to abide by the current agreement could result in sanctions and contempt.
Will I Have To Go To Court To Request A Stuart Post Judgment Modification?
At The Law Office of Denise Miller, PA, our post judgment modification lawyer in Stuart, Florida has represented clients who are seeking changes to their agreements inside and outside of the courtroom.
These petitions can often be resolved through alternative dispute resolution processes, including parent coordination and mediation. If private negotiations fail, our accomplished attorney will design a rigorous defense that allows our clients to reach a successful outcome in front of a judge.
Have Your Circumstances Changed? Do You Need A Post Judgment Modification?
Contact our experienced post judgment modification attorney at The Law Office of Denise Miller, PA in Stuart, Florida today by calling 772-934-6007 for a free case evaluation. Our lawyer will provide the legal expertise you need to get results quickly and effectively.
At Law Office of Denise Miller, our criminal and family law firm in Stuart, FL focuses on the following practice areas:
Family Law, including:
- Child Custody
- Child Support
- DCF/Dependency cases
- Divorce
- Paternity
- Post Judgment Modifications
- Spousal Support
Criminal Defense, including:
Post Judgment Modification in Florida: Frequently Asked Questions (FAQs)
When Can I Request a Post-judgment Modification?
You can request a post-judgment modification if there has been a significant change in circumstances since the original judgment. Common reasons include changes in financial status, changes in the needs of children, or significant life events affecting one of the parties involved. It is essential to demonstrate that these changes are substantial and ongoing.
How Do I Start the Process of Modifying a Judgment?
To start the process, you will need to file a motion with the court that issued the original judgment. This motion should include detailed information about the changes in circumstances and the specific modifications you are requesting. It’s often beneficial to work with a qualified attorney who can help you prepare and file the necessary paperwork.
Do I Need an Attorney to Request a Post-judgment Modification?
While it is possible to file a motion for modification without an attorney, having legal representation can significantly increase your chances of success. An experienced attorney can help you navigate the legal system, prepare compelling documentation, and present your case effectively in court.
What Evidence Do I Need to Provide for a Modification Request?
You will need to provide evidence supporting your claim of a substantial change in circumstances. This may include financial records, medical records, school reports, or other relevant documentation. The more thorough and convincing your evidence, the stronger your case will be.
How Long Does the Modification Process Take?
The length of the modification process can vary depending on the complexity of the case and the court's schedule. Generally, it can take several months from the time the motion is filed to the final decision. Your attorney can provide a more specific timeline based on your situation.
Will the Court Always Approve a Modification?
Not all modification requests are granted. The court will evaluate the request based on the evidence presented and the merits of the case. It is essential to demonstrate that the proposed changes are in the best interest of any affected children and are justified by significant changes in circumstances.
Can Both Parties Agree to a Modification Without Going to Court?
Yes, if both parties agree to the modification, they can draft an agreement and submit it to the court for approval. While this can streamline the process, it is still advisable to have an attorney review the agreement to ensure it meets legal standards and protects your interests.
