Post Judgment Matters
When circumstances change, the judgment may not be the end of the legal issues.
A final judgment may resolve the immediate divorce or family law case, but circumstances do not always remain the same.
Parenting arrangements may become unworkable. Income may change. A support obligation may need to be reviewed. One party may fail to comply with the terms of a judgment or agreement.
Probasco Singer Bayne represents clients in post judgment family law matters involving modification, enforcement, and related disputes.
Some orders can be modified. Others are meant to be final.
Post judgment issues require careful review of both the existing judgment or agreement and the circumstances that now exist.
Some obligations may be subject to modification when the applicable legal requirements are satisfied.
Others may not be modifiable.
Enforcement presents a different question: whether an existing obligation has been violated and what remedy may be appropriate.
The first step is understanding exactly what the current order says and what has changed since it was entered.
Post judgment matters may involve
Parenting Plan Modification
Timesharing Modification
Relocation Issues
Alimony Modification
Child Support Modification
Enforcement of Support
Enforcement of Parenting Provisions
Contempt Issues
Failure to Transfer Property
Failure to Refinance or Sell Property
Attorneys' Fees & Costs
Other Judgment-Enforcement Disputes
Parenting arrangements may need to change.
Children grow. Schools change. Work schedules evolve. Parents may relocate. Circumstances that made sense when a parenting plan was entered may look very different years later.
A request to modify parental responsibility, timesharing, or another parenting provision requires analysis of the existing order, the circumstances that have changed, and the legal standard applicable to the requested modification.
We represent parents seeking appropriate changes and parents opposing changes they believe are not warranted.
Support obligations can become disputed after judgment.
Changes in income, employment, financial circumstances, or other relevant facts may lead to disputes concerning alimony or child support.
Some matters involve modification.
Others involve enforcement of an existing obligation that has not been paid as required.
The analysis depends on the terms of the current judgment or agreement, the nature of the obligation, and the facts that exist now.
An agreement or judgment only works if its terms are followed.
Post judgment enforcement may involve unpaid support, failure to comply with parenting provisions, refusal to transfer property, failure to refinance or sell an asset, or other obligations imposed by a final judgment or settlement agreement.
The appropriate response depends on the provision being enforced and the nature of the noncompliance.
Some disputes may be resolved through communication or negotiation.
Others require court intervention.
Distinction
Modification and enforcement are different problems.
A modification asks whether an existing obligation should change.
Enforcement asks whether an existing obligation should be followed.
Those questions require different legal and factual analysis.
Understanding that distinction early can help determine the appropriate strategy and avoid pursuing the wrong remedy.
Not every post judgment dispute requires extended litigation.
Some disputes can be resolved through negotiation or mediation once the relevant information is understood.
Others require motion practice, evidentiary hearings, or other court involvement.
As with the original case, the process should fit the issue.
Our role is to understand the existing order, identify the legal and practical problem, and determine the most effective way to address it.
Start with a conversation.
If an existing family law judgment or agreement is no longer working, has been violated, or may need to be modified, we can help you evaluate the issue and the available options.
813-254-37351011 North Armenia Avenue
Tampa, Florida 33607