Most people believe that once a Court order is entered in your divorce, paternity action, or child custody dispute, that decree is final. However, circumstances may arise, which require further guidance from the Court. At Crawford, Modica & Holt, we are happy to help clients obtain modifications to existing orders, when and where appropriate, and to bring Contempt and/or Enforcement actions when one party is not abiding by the Court’s order.
When can a Court order be Modified?
A Court order may be subject to Modification whenever there has been a substantial, material, and unanticipated change in circumstances since the entry of the order. Examples of change can include a desire to relocate your residence, a job loss, a job promotion, a crime committed by the other party, a failure by one party to exercise timesharing with the minor child(ren) at issue, etc.
If you believe that such a change exists and you believe that such a change warrants Modification action by the Court, a Petition for Modification will need to be filed setting forth the basis for the substantial change that has occurred as well as how you wish the Court to modify the existing Court order to address these unforeseen circumstances.
Modification actions can be brought to address the need for more or less alimony, more or less child support, more or less timesharing, and a myriad of other issues that may be unique to your Court order and any Agreement upon which it was based.
What happens when the other party fails to abide by a Court order?
If one party to a case has failed to abide by a Court order and/or the Agreement upon which it is based, you may be entitled to file a Motion for Contempt and/or Enforcement. When a Motion for Contempt is filed, you are, essentially, asking the Court to determine that the other party has willfully failed to abide by one or more conditions of a Court order and to hold them responsible. A Motion for Contempt that is granted could result in sanctions to the offending party and an award of attorney’s fees to the party bringing the Motion. A Motion for Enforcement asks the Court to make the other party abide by the conditions outlined in a Court order.
At Crawford, Modica, and Holt, our experienced family law attorneys can help you determine which legal avenue may be in your best interest to achieve your goals. Our family law team understands how important it is to protect not only your rights but the rights of your children. We represent families throughout the Central Florida area, and we welcome the opportunity to speak with you about your family law needs. Please call us at 352-432-8644 or visit us online to schedule your initial consultation today.
We welcome the opportunity to speak with you about your Family Law and modification needs. Call us at 352-432-8644 or schedule your initial consultation online. We represent business throughout Lake County, Orange County, Sumter County, and beyond.