When Circumstances Change
Family court orders - including custody arrangements, child support, and alimony - are based on the circumstances that existed when they were entered. But life doesn't stand still. Job loss, relocation, remarriage, changes in a child's needs, and other life events may warrant modifying existing court orders to reflect current realities.
At Marc M. Cohen, P.A., we help clients throughout Boca Raton and South Florida seek appropriate modifications and enforce existing court orders when the other party fails to comply.
Modification of Court Orders
To modify a family court order in Florida, you generally must demonstrate a substantial, material, and unanticipated change in circumstances since the last order was entered. Common grounds for modification include:
Custody/Timesharing Modifications
- A parent's relocation (moving more than 50 miles)
- Changes in a child's needs as they grow older
- A parent's failure to comply with the existing parenting plan
- Substance abuse, neglect, or other safety concerns
- A parent's change in work schedule
- The child's reasonable preference (if sufficiently mature)
Child Support Modifications
- Significant increase or decrease in either parent's income
- Changes in the timesharing schedule
- Changes in the child's needs (medical, educational, extracurricular)
- Changes in healthcare costs
- The modification must result in at least a 15% or $50 change in the monthly obligation
Alimony Modifications
- Significant change in income of either party
- Retirement of the paying spouse
- The recipient entering a supportive relationship
- Remarriage of the recipient
- A substantial change in the needs of either party
Enforcement of Court Orders
When a former spouse or co-parent fails to comply with a court order, enforcement action may be necessary. Common enforcement issues include:
- Non-payment of child support: Options include income withholding, contempt proceedings, tax refund interception, license suspension, and credit reporting
- Non-payment of alimony: Contempt proceedings can result in sanctions, attorney's fees awards, and potentially jail time
- Timesharing violations: When a parent denies court-ordered timesharing, the aggrieved parent can seek make-up time, contempt findings, and modification of the parenting plan
- Violation of injunctions: Violating a domestic violence injunction is a criminal offense
Act Promptly: If you believe modification is warranted or the other party is not complying with a court order, don't wait. Delays can be interpreted as acquiescence to the current situation, making it harder to obtain a modification later. Contact Marc M. Cohen, P.A. as soon as circumstances change.
Contact a Boca Raton Modification & Enforcement Attorney
Whether you need to modify an existing order or enforce one that's being violated, Marc M. Cohen, P.A. can help. Call (561) 740-3301 for a free consultation. We serve clients throughout Boca Raton, Boynton Beach, Delray Beach, West Palm Beach, Fort Lauderdale, and all of Palm Beach and Broward Counties.
Serving Communities Throughout South Florida
Marc M. Cohen, P.A. provides experienced legal representation in communities throughout Palm Beach County and Broward County:
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- Modification & Enforcement Attorney in Boynton Beach
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See also: Palm Beach County Family Law | Broward County Family Law | South Florida Family Law