Post Judgment Modifications

Understanding Post Judgment Modifications

Are you entitled to either pre-judgment or maybe post-judgment modifications?

Division of Assets and Alimony

Whenever you are awarded a monetary sum in a settlement with the court, there could be different situations where you will be entitled to either pre or post-judgment modification on the actual total. In Florida, most Post Judgment issues involving the prior orders on the division of assets is removed from the family court and relegated to civil court. There are specific times when the family court retains jurisdiction for post-judgment enforcement such as for modifications of certain alimony awards.

How much can a Judge Modify a Divorce Order?

Time Sharing/Child Support

Once a party asserts a substantial change in circumstances has occurred since the entry of the last final order the Courts can then allow changes to make in all aspects of the relationship between the parties and their children. A substantial change in circumstances can be almost anything such as a change in the age of the child (infant to school age), change of income, change of job requirements, change of living circumstances, etc.

This type of case is like starting everything fresh in regards to litigation over the children’s living arrangements and child support. This does not mean that the court can redistribute assets and debts. The other area of attention for modification is alimony. Alimony can be modified in most circumstances, however, the details of the alimony order and the changes in circumstances must be addressed on a case by case basis.