A final order from a divorce or paternity case is not always the final word. Life changes, and the circumstances that existed when a court order was entered may look very different months or years down the road. At Jenkinson Legal, we understand that family law does not end when the judge signs the final judgment. Whether you need to modify an existing order to reflect your current reality, or you need to enforce an order that the other party has chosen to ignore, our firm is here to protect your rights and the best interests of your children.
We serve clients throughout Central Florida, including Orange, Seminole, Osceola, Lake, Polk, Volusia, and Brevard counties. Contact our office today at (321) 837-9547 to schedule your free initial consultation.
Modifications of Court Orders
After a final judgment of divorce or paternity is entered, both parties are responsible for abiding by the terms of that agreement or order. In the best-case scenario, both parents are able to comply with all of the court’s directives. However, circumstances can and do change, and Florida law recognizes that orders entered in the past may need to be updated to serve the needs of your family today.
A modification may be appropriate when there has been a substantial, material, and unanticipated change in circumstances since the prior order was entered. This is the legal standard the court applies, and meeting that standard requires a thorough understanding of Florida family law and the specific facts of your situation. Having a knowledgeable and experienced attorney by your side can make all the difference in how your modification case is handled and resolved.
Modification of Parenting Plans and Time-Sharing
In Florida, parenting arrangements are governed by a court-approved parenting plan that addresses both parental responsibility and the time-sharing schedule. Under Florida Statute § 61.13, any modification to a parenting plan requires the filing of a petition with the court. To grant a modification, the judge must find two things: first, that there has been a substantial, material, and unanticipated change in circumstances since the prior order was entered; and second, that the requested modification is in the best interests of the child.
What constitutes a substantial change in circumstances? While every case is different, common examples include:
- A significant change in a parent’s work schedule or relocation
- A parent’s remarriage or cohabitation with a new partner
- A child reaching an age where a different schedule better meets his or her needs
- A meaningful change in a parent’s physical or mental health
- Evidence of domestic violence, substance abuse, or neglect that did not exist at the time of the prior order
- A parent’s consistent failure to comply with the existing parenting plan
The court will evaluate the modification request using the best interests of the child factors outlined in Section 61.13 of the Florida Statutes. These include each parent’s ability to act on the needs of the child rather than their own needs or desires, the moral fitness of each parent, the mental and physical health of each parent, the child’s established school and community ties, and many other considerations. The outcome of a modification proceeding will depend heavily on how well your case is presented and how clearly those factors are addressed.
At Jenkinson Legal, we guide our clients through every step of the modification process. We want you to have the final say when it comes to decisions about your family, and we want you to be fully informed about your options before you make any decisions. Whether a modification can be resolved through mutual agreement or requires the court’s involvement, we are committed to pursuing the outcome that is right for you and your children.
Modification of Child Support
Child support orders can also become outdated as circumstances change. Under Florida Statute § 61.30, child support is calculated based on each parent’s net income, the time-sharing arrangement, health insurance costs, and childcare expenses. When any of these factors change substantially, a modification of the child support order may be appropriate.
Common reasons to seek a modification of child support include:
- A significant increase or decrease in either parent’s income
- A change in the time-sharing schedule that affects the support calculation
- A child aging out of the support obligation
- A substantial change in the child’s healthcare or childcare expenses
- A parent losing employment or becoming disabled
Do not simply stop paying child support because your situation has changed. Failing to pay a court-ordered amount can result in serious legal consequences, including contempt of court. The proper step is to file for a modification. Our firm can help you evaluate whether the circumstances in your case justify bringing a modification petition and guide you through the process efficiently and effectively.
Modification of Alimony
Alimony orders entered under Florida Statute § 61.08 may also be subject to modification when there has been a substantial change in circumstances. Following Florida’s 2023 alimony reform, permanent alimony was eliminated in new cases, and all current alimony awards are time-limited. Still, even durational or rehabilitative alimony orders can be revisited when circumstances change significantly.
Grounds for seeking a modification or termination of alimony may include:
- A significant change in the income of either the paying or receiving spouse
- The recipient spouse’s remarriage, which automatically terminates alimony under Florida law
- The recipient spouse cohabitating with a new partner in a supportive relationship
- Retirement of the paying spouse
- A substantial and permanent change in either party’s financial circumstances
Whether you are seeking to modify your obligation or defending against a modification sought by your former spouse, Jenkinson Legal can help you understand your rights and navigate the process with confidence.
Contempt and Enforcement of Court Orders
Unfortunately, not every party complies with a court order after it is entered. When a former spouse refuses to pay court-ordered child support or alimony, withholds a child in violation of a parenting plan, or otherwise ignores the obligations set forth in a final judgment, there are powerful legal tools available to compel compliance and protect your rights.
Motions for contempt and enforcement are among the most effective tools available in Florida family law. At Jenkinson Legal, we pursue enforcement aggressively on behalf of our clients and defend those who have been wrongly accused of contempt.
What Is Contempt of Court?
In Florida family law cases, contempt means a willful violation of a court order. To prevail on a motion for contempt, the petitioner must first show the court that the other party has failed to comply with the terms of a prior order. The burden then shifts to the opposing party to demonstrate an inability to comply. If the court finds that the party was able to comply with the order and willfully chose not to, the court may find that party in contempt.
The consequences of a contempt finding can be significant. The court has the authority to impose a range of sanctions, including:
- An order requiring immediate compliance with the prior court order
- Payment of the other party’s attorney’s fees and court costs
- Compensatory fines
- Purge conditions that must be satisfied to avoid incarceration
- Jail time in cases of egregious or repeated violations
Common Enforcement Situations
Our firm regularly handles contempt and enforcement matters involving:
- Nonpayment of child support or alimony. When a former spouse refuses to pay support that has been ordered by a court, we pursue enforcement quickly and effectively to protect our client’s financial interests and the well-being of the children involved.
- Denial of time-sharing. When one parent withholds a child or consistently interferes with the other parent’s court-ordered time, we seek enforcement of the parenting plan and, where appropriate, a modification to address the pattern of noncompliance.
- Failure to comply with property division orders. When a former spouse refuses to transfer assets, execute documents, or otherwise comply with equitable distribution provisions in the final judgment, we pursue enforcement through the court.
- Violation of other court-ordered obligations. Court orders can cover a wide range of obligations. We are experienced in enforcing the full scope of family court orders.
Defending Against a Contempt Motion
If your former spouse has filed a contempt motion against you, it is equally important to have knowledgeable legal representation on your side. Not every alleged violation is willful, and not every contempt motion is filed in good faith. We represent clients in defending against contempt allegations and work to present the full picture to the court, including any legitimate reasons for noncompliance.
Contact Jenkinson Legal Today
Changes happen. Court orders that made sense at the time of your divorce or paternity case may no longer reflect the realities of your life and your family’s needs. And when the other party refuses to honor a court order, you deserve an attorney who will take swift, decisive action to protect your rights.
At Jenkinson Legal, our philosophy is simple: we provide personalized, one-on-one attention to every client. We never drag out a case to increase fees or create unnecessary conflict. We aim to resolve matters as efficiently and cost-effectively as possible, while always keeping your children and your best interests at the forefront of everything we do.
Attorney AnnMarie Jenkinson considers herself to be more than just a family lawyer. She is a listener and a dedicated advocate who will work tirelessly to navigate you through one of the most important legal processes of your life. Let our experience and knowledge work for you.
Call Jenkinson Legal today at (321) 837-9547 for a FREE initial consultation. We serve clients throughout Orange, Seminole, Osceola, Lake, Polk, Volusia, and Brevard counties.
Legal disclaimer: This page is intended for general informational purposes only and does not constitute legal advice. Laws and procedures may change. Please consult a licensed Florida family law attorney for advice specific to your situation.
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