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Post Judgment Divorce

Family Law Attorney Advocating for Ex-Spouses in the Fort Lauderdale Area

Life is constantly changing for each ex-spouse after a divorce, and procedures in the Florida family law system have been created to anticipate these changes. If your parenting plan, child support, or alimony (spousal support) arrangement is not working for you, you may have options. In Florida, even though a divorce may be finalized, certain post-judgment modifications can be made. If you wish to make changes to a final judgment, you need to reach out to a Fort Lauderdale divorce lawyer who can help. At the Law Offices of Carmen G. Soto, we have more than 16 years of experience in helping clients resolve their family law issues in a thorough and thoughtful manner. We represent people throughout Broward County and can communicate in Spanish for the convenience of our clients.

Post-Judgment Modifications Following a Divorce

When their circumstances change, an ex-spouse can request that an existing court order be modified to more appropriately reflect the current situation. Under Florida law, once a divorce is finalized, there are three things that can be modified: child support, spousal support, and parenting plans.

In order to modify any aspect of a final judgment in a divorce, Florida law requires that there be a “substantial change in circumstances” since the final judgment was entered. The Florida Legislature and the Florida courts have defined a “substantial change in circumstances” to be one that is substantial, material, and unanticipated at the time of the final judgment. In short, the change should render the existing order impractical. Once the party seeking the modification has established the substantial change, the modification will likely be granted.

In Florida, child support is based on a mathematical formula set forth in Florida Statute 61.30. Parents may want to change an existing child support order for a number of reasons, such as a substantial change in income, one parent having another child in another relationship, changes in the amount of time that the child spends with each parent, or changes in the child’s educational or medical needs.

Spousal support (alimony) orders can be modified just like child support orders. Again, the party seeking the modification needs to show that the modification is necessary due to a significant change in circumstances. For example, if the receiving spouse is seeking an increase in support, he or she must demonstrate both the increase in their need for the money as well as the paying spouse’s ability to pay. On the other hand, if the paying spouse is seeking a downward modification, it can be to reduce the amount of support being paid or eliminate support altogether. The paying spouse may cite reasons such as loss of employment, a change of employment, the remarriage of the receiving spouse, or an illness or health problem that interferes with the paying spouse’s ability to work.

Once a parenting plan is in place, one or both parents may want to change it as time goes on. The parent seeking the modification must establish that the current arrangement is no longer workable. Examples of changed circumstances may include one parent moving, scheduling clashes with work or school, the alleged abuse of a child, or a change in the child’s health, interests, or activities. You should be aware that just as with any other timesharing (child custody) determination, a Florida judge will only modify a parenting plan if it is deemed to be in the best interest of your child.

Explore Your Options with a Knowledgeable Fort Lauderdale Attorney

If you are considering seeking a post-judgment modification following a divorce, you need to speak to a Fort Lauderdale lawyer who will take the time to develop a strategy for your needs. Attorney Carmen G. Soto recognizes that legal services can be expensive, and she offers flexible payment plans to suit each client's financial circumstances. Also, we are situated close to the Broward County courthouse, which means that we can save our clients travel costs and parking fees. We represent people in cities such as Fort Lauderdale, Pembroke Pines, Hollywood, Miramar, Coral Springs, Pompano Beach, Davie, Plantation, Sunrise, Lauderhill, Weston, Tamarac, Margate, Hallandale Beach, and Lauderdale Lakes. Call us today at 954-523-0703 or contact us online.

Client Reviews
Carmen G. Soto, PA and her amazing legal team is Excellent!!!! represented my daughter during divorce and we would absolutely recommend her!! Thank you and GOD BLESS YOU!! Ing. Delgado and Family
Carmen G. Soto, is an excellent attorney. She is very patient, knowledgeable, professional and my favorite.... flexible with payment plans. I was in need of an attorney to secure my sons future, and Carmen with her knowledge and experience provided the support we needed. I can honestly say that as a man/father we never get a fair chance in the courtrooms concerning family matters but Carmen made sure the Court systems saw past that stigma and justice was rightfully served. I would highly recommend Carmen G. Soto and her staff. Anonymous
Never having to use an attorney before, I was quite nervous and skeptical about my first meeting. Carmen Soto, not only made my first experience very comfortable, but was very informative and quite knowledgeable in the field of family law and divorce. She was there every step of the way for me as a support system, and her confidence and expertise made my otherwise very difficult situation, a very positive one. I highly recommend Carmen Soto. She is an excellent and compassionate attorney who clearly outlines all your options and takes a personal interest in your individual situation. Anonymous