Modifications & Enforcement
Modification
Your life does not stop just because a court finalizes your divorce or other family law case. Upon the conclusion of a family law case, the court issues a final judgment. Certain aspects of a final judgment may be modified upon a showing of a substantial change in circumstances.
Alimony/spousal support may be modified in the event of a substantial, material, permanent and unanticipated change in circumstances by either party. If the receiver’s financial needs increase, it is possible that the alimony and/or child support awarded will be increased. If the payor’s income decreases, the alimony may also decrease. 
However, there are many factors to be considered in determining whether or not alimony can be modified and at Mindi Lasley, P.A. we are experienced in presenting these factors to the court and vigorously advocating our client’s position.
Child support can be modified by either party in the event that there is a substantial change in circumstances in which the current child support guidelines differ from the previously established guidelines at least 15% or $50, whichever amount is greater. The judge may also grant a child support deviation in certain cases, given the specific factors established in Florida law. Our firm represents clients in both upward and downward child support modification cases and zealously argues to the court why a special deviation from the child support guidelines should be given based upon our client’s specific circumstances.
Child time-sharing plans can be modified as well upon showing that there is a substantial change in circumstances AND that the proposed modification is in the best interests of the minor child(ren).
Upon a final judgment being entered in a family law case, the parent the child(ren) primarily resides with may not relocate with the child(ren) more than 50 miles from the residence the parent and the child(ren) were living in at the time the Final Judgment was issued unless agreed to by the other parent or obtaining an order from a court. Before moving more than 50 miles from the custodial parent’s address after the Final Judgment, the parent seeking to relocate must file a Notice of Intent to Relocate and follow the specific procedures established in Florida law. Failure to do this may result in a Motion for Contempt and/or a Motion for an Emergency Pickup Order of the minor child(ren).
Mindi Lasley, P.A. is experienced in advocating to the court why custody, visitation and/or relocation of a child should or should not be granted based upon the details of our client’s case and applicable Florida law.
Contempt/Enforcement
As with any order a court issues, a family law order (also known as a Final Judgment) is a legally binding document. As such, the court has a variety of tools at its disposal which it can use to enforce its orders. Payments of alimony, child support and attorney’s fees are subject to a Motion for Contempt, which requires the judge to find that the party whom the motion is against has willfully failed to comply with a Court order despite the fact that he/she has the ability to comply with the Order. All other court orders that are not complied with are subject to a Motion and/or Petition for Enforcement. For both Contempt and Enforcement proceedings, the Court has a variety of penalties at its disposal, including the award of sanctions (both monetary and non-monetary), the award of attorney’s fees and incarceration against the party that has failed to comply with the Order of the Court.
Our firm has extensive experience in arguing both for and against motions for contempt and enforcement.