Modifications & Enforcement

Modification and Enforcement of Judgments, Orders and Agreements

Child custody (i.e. parental responsibility and time-sharing), child support, and spousal support/alimony arrangements are usually agreed upon or determined by the court at the time of divorce. At that time, many people are able to fight successfully to maximize their rights. Others, lacking time, resources or assistance, may agree to arrangements that do not serve their interests or the interests of their child very effectively.

Regardless of the circumstances of your original agreements, you have the right, under certain circumstances, to request a modification of your arrangements if they no longer serve you or the best interests of your child.

At Orshan, Spann & Fernandez-Mesa, we represent men, women, and children throughout the South Florida area. Arrange an appointment today to sit down with one of our experienced attorneys to discuss your goals and concerns.

Reasons to Modify Child Support & Child Custody

There are many situations that can lead to the need for the modification of support and time-sharing arrangements. Several common reasons are:

• A change in the income or financial circumstances of either the payer or receiver of support payments.

• A change in the financial needs of the child.

• Deceit. Perhaps the payer failed to disclose assets, misrepresented their value, or perhaps the receiver underreported real or anticipated income.

• Drug or alcohol abuse, which can lead to the withdrawal of custody and visitation rights, or supervised visitation.

• Relocation, employment changes, remarriage, parental illness or a child’s special needs.

If your level of rights is low due to child endangerment, criminal activity or substance abuse, we can help you follow family court procedures to regain your rights. If you feel like the amount of support you pay or receive should be changed, we can gather information and present your case in hearings and in court. We can also file a motion to set a judgment aside if, for instance, an error was made or if fraud, duress, misrepresentation or overreaching was a factor during previous proceedings. The law of Florida is that judgments can be set aside if good legal cause is demonstrated.

In addition, we can:

• Enforce property division judgments, including the forced refinancing or sale of a house.

• Handle cases involving wage garnishment, wage assignment and payment seizures.

• Handle cases involving non-cooperating spouses.

• Pursue the payment of child and spousal support payments that are in arrears. Unpaid arrears increase at the statutory judgment interest rate annually and in some cases have limited statute of limitations/deadlines for enforcement. Also, the law generally requires the person in arrears to pay attorney’s fees. We help people both in pursuing arrears payments and defending against unfair arrears allegations.

Contact us online or call us at (305) 853-9161 today to discuss modifying or enforcing a family court order in Miami-Dade.