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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.

Understanding the Modification and Enforcement Process

When it comes to modifying or enforcing judgments, orders, or agreements, it's important to have a clear understanding of the legal process and your rights. Our experienced family law attorneys at Orshan, Spann & Fernandez-Mesa can guide you through the complexities of modification and enforcement, ensuring that your best interests are protected.

Key aspects of the modification and enforcement process include:

  • Evaluating the grounds for modification or enforcement
  • Filing the necessary legal documents and petitions
  • Negotiating with the opposing party or their legal representation
  • Presenting your case in court, if necessary
  • Enforcing court-ordered judgments, orders, or agreements

Whether you're seeking to modify child support, child custody, or other family law matters, our dedicated attorneys are committed to providing personalized and effective legal representation.

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.

Our Values

Why Choose Our Team to Help You
  • We Treat You Like Family

    We strive to provide quality, thoughtful, timely service to each of our clients. We provide timely, detailed updates on your case and make ourselves available to answer and follow up on any questions you may have.

  • Personalized Attention to Your Case

    Every individual and family has a unique set of circumstances requiring a tailored approach. We treat each client as if they were our only client. Each case is treated with the utmost care and attention.

  • Thoughtful Preparation & Planning

    We will get you through every step and be fully transparent of the process and what you can expect. We take a collaborative approach with our clients - we want to know what you think.

  • Quality, High-Caliber Representation

    Our team is well-respected and recognized throughout the Miami-Dade area. We're known for our precise, in-depth knowledge of the law and versatile, strategic approach to each client's case.

Contact Us

Schedule Your Initial Consultation

We will protect the best interests of you and your loved ones. Call our team at 305-853-9161 or fill out the form below.

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