Jacksonville Modification of Judgments Attorney
Modification of Judgments Lawyers in Jacksonville, FL
Sometimes circumstances unforeseeably change and if so you may be entitled to modification of your time-sharing rights as well as your child support or alimony obligations. Life goes on– people change, jobs change, relationships change, people move. Involuntary loss of employment often causes difficulty with or inability to comply with court ordered child support obligations. On the other hand, a change of jobs that requires relocation to another state is sure to create time-sharing obstacles. If circumstances have changed then you may be entitled to modification of the terms of your final judgment. In this case, it is time to contact a Jacksonville modification of judgments attorney.
Modification of Property Distribution
The law on modification of judgments varies depending on the nature of the relief sought. Modification of property distribution awards are not allowed due to changed economic circumstances. For example, a person who is ordered to pay child support and loses their job should take immediate action by calling our Jacksonville modification of judgments attorney because failure to pay child support is punishable by contempt which can include a sentence of incarceration. Relocation of a parent can also constitute a basis for the court to reconsider the time-sharing or visitation arrangement.
There are important jurisdictional considerations involved in cases involving modification of judgments. For example, Florida cannot modify an alimony award. However Florida can modify a California child support order once the order has been domesticated in Florida. Even though Florida courts cannot modify alimony awards from other states, Florida does have jurisdiction to enforce foreign alimony awards.
A modification proceeding to modify court ordered child support, maintenance or alimony can be filed in the county where the parties or either of them resided at the date of the execution of a settlement agreement, or reside at the date of the application for modification, or in which the agreement was executed, or in which the prior order was rendered.
Parenting and Time-Sharing
Modification of judgments relating to parenting and time-sharing is available under Florida law. Modification of custody or time-sharing is allowed under certain circumstances. Usually, the court will not disturb a prior custody determination unless there has been an unforeseen, substantial, and permanent change in circumstances, and that modification of custody or time-sharing is in the minor child, or children’s, best interest.
Some examples of changed circumstances could be the involuntary loss of employment, relocation of one or both parents, the onset of a disabling condition whether temporary or long term, and refusal of a parent to honor the time-sharing schedule. Not all changes are sufficient to meet the “substantial change in circumstances” test. For example, a parent’s subsequent remarriage alone does not constitute a substantial change in circumstances. Quitting a job or loss of employment because of misconduct do not constitute the changed circumstances required for the court to decrease or to otherwise modify child support.
If you think you may be entitled to modification of a final judgment because your circumstances have changed, then it is best to consult with an attorney immediately. Modification of final judgments can operate retroactively which means you may be entitled to relief retroactive to the date of filing your petition for modification. If you are interested in learning about child support modification or how to modify alimony then you should consult with an attorney as soon as possible. If you believe circumstances of either parent have changed and the court should modify custody in your case then you should consult with a Jacksonville modification of judgments attorney immediately.
Contact a Jacksonville Modification of Judgments Attorney Today for Your Free Consultation
Under certain circumstances the court can enter an emergency order affecting a change in custody in 48 hours or less. Remember, when you need help with FAMILY LAW, choose FAMILY VALUES. Hire a Board Certified Specialist in Marital and Family Law to help you modify your rights and obligations under the law. Call 1.904.360.6100 to speak confidentially with a Jacksonville Modification of Judgments Attorney on our team today.
FAMILY LAW. FAMILY VALUES.