When To Request Post-Divorce Modifications
There are a variety of important matters that must be resolved in a divorce. These become part of a final order, which both parties are required to follow. Failure to adhere to the terms of this order could result in contempt of court charges, which carry potentially serious penalties. If you are unable or otherwise unwilling to comply, the best course of action is to request a post-divorce modification. Our Tampa divorce modification attorneys explain the process and the types of situations in which a judge may grant your request.
Requesting Divorce Modifications In Tampa
In any divorce case, there are important matters under the Florida Statutes that must be addressed prior to having a final divorce order issued. These generally concern money, property, and the care of any children from the marriage. You may negotiate agreements through your attorney with your spouse or the judge in your case may make a decision, based on all the evidence presented. In either situation, once an order is issued, you are obligated to follow it. Failure to do so could result in heavy fines, additional court costs and legal fees, loss of certain rights, and a potential jail sentence.
What happens if you are either unwilling or unable to comply with the terms of your divorce order? In limited cases, you may be able to request post-divorce modifications. Generally, in order to do so, it must involve one of the following situations:
- A substantial change in circumstances since your divorce order was issued;
- New evidence is obtained, which would have otherwise changed the outcome of your case;
- Your former spouse is failing to comply with the terms of the order, in which modifications may be included as part of other enforcement actions;
- The current order puts you or your children at risk.
Situations In Which A Judge May Approve Modifications
Court orders are issued based on the approval of a judge and Florida courts are generally reluctant to make any changes. However, if you filed for a divorce through the Hillsborough County Family Court, you may be able to get a modification in the following situations:
- You discovered hidden assets, which your spouse previously failed to disclose;
- Your spouse refuses to surrender certain property or assets;
- You are required to pay alimony or child support and recently lost your job or suffered other major changes in income level;
- You pay alimony but your spouse recently remarried;
- Your spouse fails to comply with child time sharing or support arrangements;
- They have made threats to harm you or to take your children out of state;
- You suffer a major illness, injury, or other health impacts that affect your lifestyle and ability to comply with your divorce order.
Contact Our Tampa Post-Divorce Modification Attorneys
Rather than risking serious penalties for failing to follow an existing divorce order, reach out to Bubley & Bubley, P.A. to discuss your rights in making formal changes. Call or contact our office online and request a consultation with our Tampa post-divorce modification attorneys today.