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Post Judgment Modification

Post-Judgment Modification And Enforcement

Ideally, a final judgment or a court order should provide finality, stability, and clarity to all parties involved in a family law caw.  However, life is unpredictable and thankfully, Florida law provides a vehicle to modify and enforce a final judgment or court order.  In Florida, post-judgment modifications allow parties to petition the court to adjust aspects of a judgment or order when certain factors are met.  Additionally, individuals may require enforcement to a final judgment or court orders due to a lack of fulfillment on behalf of the responsible party.  Modifying a Florida family judgment or court order requires that individuals who seeks the modification prove a substantial change in circumstances.

At Capizzi Legal we can assist you with determining which changes are likely to be accepted by the court, and whether or not the change is significant to a degree which justifies the modification of the initial court order.

What Is A Post-Judgment Modification?

A post-judgment modification occurs when a party named in a judgment seeks to permanently change the court’s final orders on the matter to reflect a material change in circumstances.

Common Types Of Modifications?

The most common types of post judgment modifications include spousal support modification (alimony, excluding lumpsum alimony), parenting plan modifications, including time-sharing arrangements and parental responsibilities, and child support modifications.

Criteria For Modification

To successfully petition for a modification, the party seeking the change must demonstrate a substantial, material and unanticipated change in circumstances that affect the issues being modified.  Effective July 1, 2023, the word “unanticipated” was removed from Chapter 61 modifications as it relates to parenting and time sharing. 

Procedure For Seeking Modification

To initiate a post-judgment modification, the party seeking the change must file a petition with the court that issued the original judgment. The petition must clearly state the grounds for the modification and provide supporting evidence of the substantial change in circumstances. The other party will then have an opportunity to respond to the petition, and both parties may be required to attend a hearing where the court will evaluate the evidence and make a decision. 

New Laws Effective July 1, 2023

  • Stat. § 61.13(2)(c) – The court shall determine all matters relating to parenting and time sharing of each minor child of the parties in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act, except that modification of a parenting plan and time-sharing schedule requires a showing of a substantial and material change of circumstances. Effective July 1, 2023, the word “unanticipated” was deleted from § 61.13(2)(c) and is no longer a requirement for a modification.
  • Stat. § 61.13(2)(d)(3) – A determination of parental responsibility, a parenting plan or a time-sharing schedule may not be modified without a showing of a substantial and material change in circumstances and a determination that the modification is in the best interests of the child. Effective July 1, 2023: If the parents of a child are residing greater than 50 miles apart at the time of the entry of the last order establishing time sharing and a parent moves within 50 miles of the other parent, then that move may be considered a substantial and material change in circumstances for the purpose of a modification to the time-sharing schedule, so long as there is a determination that the modification is in the best interests of the child.
  • Section 61.14, Florida Statutes (2023), which addresses enforcement and modification of support, maintenance or alimony agreements or orders, was also amended effective as of July 1, 2023. The new version of Section 61.14 mandates the court to reduce or terminate an award of alimony upon a finding that a supportive relationship has existed. Fla. Stat. § 61.14(b)(1) (2023). The prior version of the statute provided that the court may reduce or terminate alimony upon a finding that a supportive relationship has existed. Fla. Stat. § 61.14(b)(1) (2019).

Child Custody Modification

Child custody, time sharing and child support matters are always subject to modification where there has been a substantial change in circumstances since the last court order. Time-sharing schedules may be modified to meet the best interests of child or children.  Modification of a parenting plan many also be awarded in cases in which the child’s physical or emotional welfare is in jeopardy.  However, the most common changes are:

  • Reduction or increase in one or both parties’ incomes.
  • Changed living expenses.
  • Changed daycare.
  • Health insurance costs.
  • Relocation of the child.

Child Support Modification

Courts may modify existing child support orders if the party seeking a modification demonstrates that a significant change of circumstances has occurred since the time that the last child support order was entered, including a significant change in the income of either parent, increased needs of a minor child or other significant changes pertaining to a child’s healthcare, education or basic needs which are required to ensure proper development and the child’s well-being. Changes to the circumstances of the primary custodian may also warrant modification.

Spousal Support Modification

Alimony or spousal support remains modifiable by the judge when circumstances of either party have changed. The showing of a substantial change in circumstances is required. There are a number of specific factors outlined by Florida law which determine the circumstances under which court-ordered spousal support may be modified.  The factors are:

  • The age and health of the obligor.
  • The nature and type of work performed by the obligor.
  • The customary age of retirement in the obligor’s profession.
  • The obligor’s motivation for retirement and likelihood of returning to work.
  • The needs of the obligee and the ability of the obligee to contribute toward his or her own basic needs.
  • The economic impact that a termination or reduction of alimony would have on the obligee.
  • All assets of the obligee and the obligor accumulated or acquired prior to the marriage, during the marriage, or following the entry of the final judgment as well as the obligor and obligee’s respective roles in the wasteful depletion of any marital assets received by him or her at the time of the entry of the final judgment.
  • The income of the obligee and the obligor earned during the marriage or following the entry of the final judgment.
  • The social security benefits, retirement plan benefits, or pension benefits payable to the obligor and the obligee following the final judgment of dissolution.
  • The obligor’s compliance, in whole or in part, with the existing alimony obligation.

Enforcement Of Court Orders

Many times, parties face the frustration of the other party not complying with an existing court order as it relates to:

  • child custody
  • time sharing / visitation
  • child support
  • alimony
  • property issues

The judge always has jurisdiction to enforce the court’s orders through contempt and or sanctions.  Contempt and or sanctions can be in the form of jail time, significant fines, attorney fees, and a number of other legal consequences.

If you are faced with the need to modify or enforce an existing court order, it is important to have an experienced modification and enforcement lawyer on your side to guide you through the complicated legal system.

Capizzi Legal has a wealth of experience with assisting clients in the modification and enforcement of final judgments and court orders.   

Have Capizzi Legal help you work up a plan of action, and most importantly help you show what has changed, and how it applies to your case. Our firm is committed to helping you realize your goal.  Schedule a consultation with our firm to discuss what supplemental petition to file to modify your judgment or what different legal motions are available to ensure the enforcement of court ordered judgment.  Please fill out our contact form or book a consultation by using our online calendar.  Capizzi Legal, a new take on family law.

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