Modifications & Enforcement Comprehensive Solutions to Your Family's Needs.

Miami Modification Attorney

Legal Guidance Through Modification & Enforcement of Family Law Judgments in Miami-Dade County, FL

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

Regardless of the circumstances of your original agreements, you have the right, under specific conditions, to request a modification of your arrangements if they no longer serve you or are not in 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 meet with one of our experienced attorneys to discuss your goals and concerns. Our commitment is to provide insightful advice and reliable representation, tailored to the unique challenges of your case. We aim to facilitate solutions that promote long-term well-being for you and your family.

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

Modification & Enforcement in Miami, FL: Understanding the Local Legal Landscape

The process of modifying or enforcing family law judgments in Miami involves a nuanced understanding of Florida state laws and court expectations. The family courts in Miami-Dade County focus intensely on the well-being of affected children and the fairness and feasibility of requested adjustments. Due to the complex nature of these legal proceedings, it is crucial to have a legal team that comprehends both the statutes and the local court customs. Our approach at Orshan, Spann & Fernandez-Mesa ensures that every legal petition we handle aligns harmoniously with local standards.

In cases of enforcement, for example, Miami courts often require a demonstration of non-compliance with existing court orders. This can include gathering evidence of missed payments or failure to adhere to custody arrangements. Similarly, modifications frequently necessitate a substantial change in circumstances, such as an unexpected shift in financial status or relocation. These intricate processes require precision and a strong legal acumen, which we provide by combining our local knowledge with strategic legal planning.

How Does the Modification & Enforcement Process Work?

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

Understanding the nuances of legal expectations in Miami can make a difference in the outcome of your case. The local judicial system emphasizes fair representation and due process, and we align our practice with these principles to ensure a comprehensive approach to your legal needs.

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. We take the time to understand your circumstances and develop strategies that align with your life goals and legal requirements.

Common Challenges in Miami's Family Law Cases

Miami's diverse demographic and economic landscape presents unique challenges in family law cases. These can affect the dynamics of divorce modifications, particularly when lifestyle changes or financial discrepancies surface. Factors such as international relocation, bilingual family needs, and varying socioeconomic backgrounds highlight the importance of versatile legal strategies. At Orshan, Spann & Fernandez-Mesa, we tailor our approach to these challenges, ensuring each client's needs are thoroughly addressed.

Additionally, Miami's economic fluctuations can lead to significant income changes, affecting financial arrangements like alimony and child support. As local job markets and living costs shift, our attorneys diligently work to adjust legal agreements, keeping your family's stability and future security in focus. Through proactive legal counsel and customized planning, we aim to navigate the complexities of Miami’s dynamic landscape, providing resolutions that honor your personal and financial circumstances.

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, such as when the payer failed to disclose assets, misrepresented their value, or the receiver underreported real or anticipated income.

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

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

If your rights are limited due to child endangerment, criminal activity, or substance abuse, we can help you follow family court procedures to regain your rights. In Miami, the courts look specifically at the best interests of the child, focusing on stability and nurturing environments. Therefore, it is crucial to present comprehensive evidence and documentation supporting the need for changes.

If you feel 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. Florida law allows judgments to 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 accrue interest annually at the statutory judgment interest rate and, in some cases, have limited statute of limitations/deadlines for enforcement. Generally, the law requires the person in arrears to pay attorney’s fees. We assist clients both in pursuing arrears payments and defending against unfair arrears allegations.

Frequently Asked Questions

What is the Process for Modifying Child Support in Miami?

Modifying child support in Miami typically begins with a petition to the court that originally issued the support order. This petition must demonstrate significant changes in circumstances, such as job loss or a substantial increase or decrease in either parent's income. The court then evaluates these changes against Florida's child support guidelines. It is crucial to provide detailed documentation supporting your case. Once filed, the other parent is served, and a hearing is scheduled.

During the hearing, each party presents evidence and arguments. The court considers the well-being of the child and reviews the current financial status of both parties. If changes align with statutory requirements, the court may issue a modification. Our team at Orshan, Spann & Fernandez-Mesa guides clients through this process, ensuring that your documentation is comprehensive and your arguments are compelling.

Can Custody Agreements Be Altered if a Parent Relocates?

In Miami, custody agreements can be altered if a parent intends to relocate. Florida law requires a parent planning a move to provide formal notice to the other parent. This notice should include the proposed new residence's location, the date of the intended move, and a revised parenting plan. If the other parent contests the relocation, the court evaluates the request based on the child's best interests, considering factors such as the distance of the move, the child's relationship with both parents, and the potential benefits of the relocation.

The team at Orshan, Spann & Fernandez-Mesa assists in navigating relocation-related custody modifications, ensuring that the process adheres to statutory requirements and that the proposed changes support the child's welfare.

How Does Miami Handle Enforcement of Family Court Orders?

The enforcement of family court orders in Miami involves ensuring compliance with existing legal agreements related to child support, custody, and alimony. Non-compliance can lead to legal measures, including contempt of court or income withholding orders. Demonstrating a clear violation of the court's order is key to enforcement proceedings. The court may impose sanctions or adjust orders to ensure adherence.

Our attorneys work diligently to ensure clients' rights are protected and any breaches are promptly addressed, leveraging Miami's legal infrastructure to enforce compliance with family orders.

What Factors Does the Court Consider in Modification Hearings?

In Miami, family courts consider numerous factors during modification hearings, primarily focusing on any substantial changes impacting the family's dynamics. Financial instability, health issues, or significant lifestyle alterations can serve as valid reasons for modification. The child's welfare remains paramount, and any proposed changes are scrutinized based on their potential impact on the child’s well-being and stability.

Our legal team ensures that all necessary evidence is meticulously gathered and presented, advocating persuasively for adjustments that align with client circumstances and support family stability.

How Can Orshan, Spann & Fernandez-Mesa Assist with Family Law Modifications?

At Orshan, Spann & Fernandez-Mesa, our approach to family law modifications involves personalized legal strategies tailored to each individual's circumstances. We prioritize client communication, ensuring all questions are addressed and that the legal process is transparent. Our firm excels in mediation and negotiation, promoting amicable solutions but is always ready to advocate assertively in court if necessary. Our goal is to facilitate outcomes that secure future stability and honor our clients’ needs, supported by our deep understanding of Miami's legal landscape and family law nuances.

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 You Should 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.

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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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