Experienced Legal Support for Enforcing or
Changing Family Court Orders
Life doesn’t stop after your divorce is finalized. When your circumstances change dramatically or your ex-spouse refuses to comply with court orders, you need aggressive legal representation to protect your rights. At Kenny Leigh & Associates, we assist men in navigating modification petitions and contempt enforcement proceedings.
Understanding Divorce Decree Modifications
While your divorce decree may seem permanent, many aspects are subject to change when substantial circumstances warrant modification. Florida courts allow modifications with convincing evidence, but property distribution decisions are generally final and cannot be changed.
Common Areas for Post-Judgment Modifications:
guide to
Qualifying for a Modification
To qualify for modification under Florida law, you must demonstrate substantial, material, and unanticipated changes in circumstances.
Courts won’t modify decrees simply because you’re unhappy with the original terms or can’t get along with your ex-spouse.
Modification Options for Florida Fathers
Child Support Modifications
Florida requires a specific threshold for child support modifications: a difference of at least 15 percent or $50 (whichever is greater) between the existing monthly obligation and the current guideline amount. Voluntary unemployment or underemployment typically won’t qualify as grounds for reduction—courts will impute income based on your earning capacity.
Child Custody and Timesharing Modifications
Custody modifications require demonstrating substantial, material, and unanticipated changes in circumstances, plus proof that the modification serves the child’s best interests. The burden of proof is on the parent requesting the change. Courts consider the child’s needs, each parent’s ability to meet those needs, compliance with existing orders, evidence of parental alienation, lifestyle changes, and any safety concerns.
Alimony Modifications
Under Florida’s reformed alimony laws, you may petition for modifications based on substantial circumstantial changes, including retirement, job loss, significant income changes, or the recipient’s improved financial situation. See our alimony page for detailed information about modifications under Senate Bill 1416.
Appeals vs. Modifications
Appeal: Challenges the court’s decision based on legal errors or improper procedures. This must be filed within 30 days of final judgment and focuses on whether the judge made legal mistakes.
Modification: Requests changes to existing orders due to new circumstances after the final judgment. No time limit for filing as long as you demonstrate changed circumstances. Focuses on adapting to new realities rather than legal errors.
Contempt of Court:
Enforcing Your Divorce Decree
When your ex-spouse fails to comply with court-ordered obligations, contempt proceedings hold them accountable. Contempt occurs when someone willfully disobeys or disrespects a court order.
Common contempt issues:
Types and Consequences of Contempt
Florida recognizes two types of contempt in family law cases. Civil contempt is designed to compel compliance with court orders and can result in fines, attorney’s fees, or jail time until the person complies. Criminal contempt, on the other hand, punishes past violations regardless of future compliance and can result in fines or jail time as punishment for the violation itself.
The consequences of being found in contempt can be severe and far-reaching. They may include jail time until compliance is achieved, substantial fines and monetary penalties, and payment of the other party’s attorney’s fees and court costs. Courts can also order wage garnishment or seizure of assets to satisfy unpaid obligations.
Additionally, contempt findings can lead to the suspension of a driver’s license or professional license, additional make-up time for missed visitation, modification of custody arrangements to favor the compliant parent, and the creation of a judgment for unpaid obligations with accruing interest.
Don’t Wait for a Crisis:
Protect Your Rights with Kenny Leigh & Associates
Don’t wait until you’re in crisis. If your circumstances have changed substantially, your ex-spouse is violating orders, or you’re facing a modification request or contempt motion, contact Kenny Leigh & Associates today.
our approach
Why Choose Kenny Leigh & Associates
Modification and contempt proceedings require a thorough understanding of Florida family law and the strategic presentation of evidence. We provide aggressive advocacy, strategic planning, careful preparation, and decades of experience representing men in Florida family law matters.
Attorneys Serving All North and Central Florida
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FAQs
When Can I Modify My Divorce Decree in Florida?
You can request a modification when there’s been a substantial, material, and unanticipated change in circumstances since the original decree. This applies to child support, alimony, custody, and timesharing arrangements. For example, significant income changes, job loss, remarriage, or a child’s changed needs may warrant modification. However, property division is generally final and cannot be modified.
What Happens if My Ex-Spouse Violates Our Divorce Decree?
You can file a motion for contempt to enforce the court order. Suppose the court finds your ex-spouse willfully violated the decree (such as failing to pay support or denying court-ordered visitation). In that case, they may face penalties including fines, attorney’s fees, make-up timesharing, wage garnishment, or even jail time. The court will determine if the violation was intentional and what enforcement measures are appropriate.
Do I Need To Prove My Ex Could Comply With the Divorce Decree?
Yes. In contempt cases, you must prove the person could comply with the court order but willfully chose not to. For example, if they failed to pay child support, you’d need to show they had the financial means to pay. If they can demonstrate a genuine inability to comply (like documented unemployment or disability), they may have a valid defense against contempt charges.