Modification of Judgements

Often times, after a Final Judgment is entered by the Court in a family law case new issues will arise that need to be addressed by the Court.  In order for the Court to consider modifying its previous judgment, whether it is a change in custody, support, or visitation, the party making the request must show that there has been a substantial change in circumstances since entry of the Final Judgment.  Once a substantial change in circumstances has been established the Court will make a determination based on the same factors as to whether it would be appropriate to modify its judgment.  A Supplemental Petition reopens a case for new findings, and basically has the same requirements as the original proceedings.

MOTIONS FOR CONTEMPT/ENFORCEMENT

When a party fails to comply with an order or judgment of the Court, most often when a party fails to pay child support, the non-offending party must file a motion with the Court to hold the offending party in contempt and request that the Court enforce the order or judgment.  Passively waiting for the offending party to fulfill their duty could potentially prevent recovery by the non-offending party.  See Florida Rule of Family Law Procedure 12.615.

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