Modification & Enforcement Under Florida Law
Life changes - and when it does, existing court orders for custody, child support, and alimony may no longer reflect current circumstances. Florida law provides mechanisms to modify existing family law orders when there has been a "substantial, material, and unanticipated change in circumstances" under Fla. Stat. §61.13(3) for custody and §61.14 for support. Equally, when a former spouse fails to comply with court orders, enforcement actions can compel compliance.
Modification of Existing Orders
To obtain a modification of a custody (timesharing) order, the petitioning parent must demonstrate a substantial, material, and unanticipated change in circumstances and show that the proposed modification is in the best interests of the child. Common grounds include relocation, a parent's remarriage, changes in a child's needs (especially as they age), substance abuse concerns, changes in work schedules, and safety issues.
Child support modifications under Fla. Stat. §61.30(11)(c) can be sought when either parent's income changes significantly, the child's needs change, or there is a change in the timesharing arrangement. The guidelines provide that a modification may be appropriate when the existing order differs from the current guideline amount by at least 15% or $50, whichever is greater.
Enforcement of Court Orders
When a party fails to comply with a court order - whether by withholding timesharing, failing to pay support, or violating other terms - Florida law provides enforcement remedies including contempt of court under Fla. Stat. §61.14, income deduction orders, and attorney's fees for the enforcing party. In serious cases, willful contempt can result in incarceration. Understanding how to properly bring or defend an enforcement action is critical to protecting your rights.
Modification & Enforcement Cases in Fort Lauderdale
Fort Lauderdale modification and enforcement cases are filed at the Broward County Courthouse at 201 SE 6th St, right in the heart of the city. In Broward County's major metropolitan area, modification cases frequently involve significant changes in financial circumstances - job changes, business growth or failure, and relocation for career opportunities. Marc Cohen helps Fort Lauderdale clients evaluate whether their changed circumstances meet the legal threshold for modification and develop the evidence needed to support their petition.
Why Choose Marc M. Cohen, P.A.? Marc Cohen has extensive experience on both sides of modification and enforcement proceedings throughout his 25+ years of practice. He understands the evidentiary threshold for demonstrating changed circumstances, how to present financial evidence supporting support modifications, and the procedural requirements for enforcement motions. As a Florida Supreme Court Certified Family Mediator, Marc often helps parties negotiate modified agreements without the need for contested hearings - saving time, money, and the co-parenting relationship.
Contact a Fort Lauderdale Modification & Enforcement Attorney
If you need experienced legal representation for modification & enforcement matters in Fort Lauderdale, contact Marc M. Cohen, P.A. for a free consultation. Call (561) 740-3301 or contact us online to discuss your case. We serve clients throughout Fort Lauderdale, Broward County, and all of South Florida.