Miami Modifications & Enforcements Attorneys
Court-Order Modifications & Enforcement in South Florida
Modifying and enforcing child support, spousal support, and other court orders can be very complicated. At Leinoff & Lemos, our experienced family law attorneys can help you navigate these issues and work toward a resolution that meets your needs. We understand how important it is to be able to provide for your family. As a result, we are dedicated to helping you obtain the best possible outcome in your case.
Whether you are seeking a modification of an existing court order or enforcement of an order that has been violated, we can help. Reach out to our Miami modifications and enforcement attorneys today to discuss your case.
Family Law Modifications in Florida
While it is possible to modify an existing court order, such as a child custody or visitation schedule, doing so can often be complicated. Our skilled attorneys can help you understand your options and choose the solution that is best for you and your family.
We can assist you in modifying the following types of court orders:
- Child custody
- Child support
- Visitation schedules
- Spousal support/alimony
To modify a family law court order, you will need to establish certain elements. Specifically, you will need to prove that there has been a “substantial change in circumstances,” warranting the modification request.
Examples of substantial changes in circumstances include but are not limited to:
- A considerable decrease or increase in income
- Losing a job or obtaining new employment
- Suffering a bodily injury or illness
- Significant mental health issues
- Changes in medical care needs
In most cases, you must also prove that the change in circumstances could not have been anticipated and is both quantifiable and permanent (for the foreseeable future). In some cases, you may also need to prove that the changes in circumstances is involuntary.
Enforcing Family Law Court Orders in Florida
When it comes to family law matters, court orders play a crucial role in establishing and maintaining the rights and responsibilities of the parties involved. However, sometimes one or both parties fail to comply with the terms stated in these court orders. In such cases, it becomes necessary to enforce these orders to ensure that the intended outcomes are achieved.
To enforce a family law court order in Florida, you will typically need to follow these procedures:
- Document Violations: Keep a detailed record of any instances in which the other party fails to comply with the court order. Note dates, times, and specific violations.
- Attempt Communication: Initially, it may be beneficial to communicate with the other party to address the issue and try to resolve the matter informally.
- Consult with an Attorney: Seek guidance from a knowledgeable attorney who focuses on family law enforcement. We can provide legal advice tailored to your specific circumstances.
- File a Motion for Enforcement: If informal resolution attempts fail, your attorney can help you file a motion with the court seeking enforcement of the court order. This motion should outline the violations and request appropriate remedies.
- Attend Court Hearings: Attend any scheduled hearings related to the enforcement motion and present evidence supporting your claims.
In Florida, there are several enforcement options available for family law court orders. These options include holding a party in contempt of court, which can result in fines, sanctions, or imprisonment for willful disobedience of the court order. Wage garnishment may be ordered by the court to ensure regular payment of child support or spousal support directly from the paying party's income. In cases where a party fails to comply with property division or financial obligations, the court can authorize the seizure of their assets to satisfy the owed amount.
Additionally, the court has the power to suspend licenses—such as driver's licenses, professional licenses, or occupational licenses—of parties who repeatedly fail to comply with court orders. In certain circumstances where an existing court order is no longer feasible or practical, the court may modify it to better suit the changing circumstances.
Schedule a Consultation with Our Team Today
At Leinoff & Lemos, we understand how difficult and emotionally fraught family law issues can be. We are dedicated to providing you with the compassionate and personalized legal representation you need to resolve your case in the most efficient manner possible. We encourage you to reach out to our Miami modifications and enforcement lawyers today to learn how we can assist you with your case.
Schedule a confidential consultation with our team today by calling (305) 222-7442 or by contacting us online using our secure request form.