Once a divorce order is finalized, it is imperative for both of the parties subject to the order to comply with its terms at all times. However, in some situations, a divorced person may recognize the need to change elements of their divorce order. If this has happened to you, or if your ex tells you that they want to change your divorce order, it is crucial to consult a West Palm Beach divorce modification lawyer right away.
Rosalie M. Cruz, P.A., offers compassionate legal counsel for a wide range of family law cases in West Palm Beach and surrounding areas of Florida. Whether you are facing a divorce, custody dispute, step-parent or relative adoption, or any other complex case, our team can assist you with every step of your proceedings. If you need to modify a divorce order or respond to a petition for modification, we can assist with this as well.
The modification system in the family court exists to account for the fact that family court cases touch on deeply personal issues and the fact that life can present unpredictable changes and challenges that can directly impact standing family court orders in various ways. For example, you may be required to pay alimony and/or child support, but if you lose your job or suffer a serious injury, these events can significantly impact your ability to meet payment obligations.
It’s possible for someone with a standing family court order to petition for modification in response to various events, such as:
To initiate any change, they will need to submit a petition to the court, and if the court believes their request is reasonable, a hearing will be scheduled.
During this hearing, all parties involved have the opportunity to present evidence and arguments to support their side of the dispute. However, some modifications can proceed uncontested. You may need a reasonable modification to your divorce order, and if your ex recognizes that it is fair, reasonable, and necessary, they may not oppose it. In other cases, proposed modifications are hotly contested.
Rosalie M. Cruz, P.A., can provide responsive legal counsel for your modification case. Whether you need to have changes implemented into your order or you are preparing to fight a requested modification from your ex, our team can assist you with building the strongest possible arguments.
You can modify a divorce order in West Palm Beach by submitting a petition for modification to the family court. The court will review the contents of the petition and then schedule a hearing, during which all parties involved will have the opportunity to present evidence and arguments. An experienced West Palm Beach divorce modification lawyer can assist you with preparing a petition for modification or for responding to one.
Many parts of a divorce order can be modified in Florida if a petition is approved by the court. Some of the most commonly cited issues people address in the divorce modification process include alimony/spousal support, child custody, and child support. It’s possible to petition for modification in response to unexpected life events or if another party subject to the order has refused or failed to comply with the current terms of the order.
The penalties for violating a divorce order in Florida can be severe. Depending on the nature and the severity of the violation, it is possible for the offending party to face contempt of court, fines, or even jail time. If a violation entails failure or refusal to pay child support or spousal support, they could face asset seizure and/or wage garnishment to recover their unpaid balance. Violations of divorce orders may also lead to a loss of custody or visitation rights.
You should hire a West Palm Beach divorce modification lawyer because this process will be more challenging to resolve than you might expect. Your attorney can help you construct a compelling argument in support of your desired modification, or they can be a tremendous asset when it comes to contesting a modification request that you oppose. Your attorney can also assist with the enforcement of the terms of your divorce order if necessary.
The time required for an approved modification to take effect is usually not very long. In some cases, approved modifications are implemented with immediate effect. Once the judge approves the modification, they will amend the existing divorce order to reflect the new changes. In some cases, a modification may come into effect at a predetermined time or when certain conditions are met.
Modifying a divorce order in West Palm Beach can be challenging, but the right attorney can help you make sense of the situation and guide you to a positive outcome. Rosalie M. Cruz, P.A., can provide responsive and results-driven legal counsel for your modification case. If you are ready to speak with a West Palm Beach divorce modification lawyer on either side of the issue, contact us today to schedule a consultation and learn how we can assist you.