The time shortly after finalizing your divorce agreement, or directly following a family court issued ruling, can be very difficult to modify the terms of your divorce in Florida. Yet, there are conditions when an appeal or modification is warranted. You do have the lawful right to submit an appeal or file a motion for modification to get a part of a prior arrangement altered.
Should you like to appeal a court’s determination, you have to file a motion appealing their decision within thirty days of their first ruling.
Life Changes After Divorce
The court’s orders may also be changed in the event significant changes have occurred in your in life:
- If you’re paying court ordered child support and, for example, you are laid off from a lucrative job, or you may have more kids with your new spouse, you may have grounds to file a motion to modify the child support arrangement.
- Florida Parenting plans are often altered for many reasons – if a single parent wants to relocate to another place, for instance. If a parent is unfit and cannot care for the children, because of illness, emotional health, drug problems, etc., alterations to a parenting program will be justified.
- Requesting the court for an increase to the amount an ex-spouse pays in child support because their income has had a major increase is also justified.
What If The Court/Legal Professionals Made Errors?
Despite their best efforts, courts will, and often do, make mistakes; this may result in an unfair decision. Under these conditions, you may file an appeal. If you are appealing a divorce decree, you may make a request for a higher court to review your initial agreement to determine if errors were made in the first hearing.
The appeal must prove that prior conclusions were based on erroneous facts. Perhaps the court neglected to take into consideration a reduction your company has made to your salary or miscalculated the amount of assets you possess. Or maybe false testimony was permitted, or applicable evidence was excluded from your case. A good divorce lawyer in Florida could file on appeal that asserts that legal errors were made, or particular facts or monetary evidence had been missed. In rare situations, the appeals court might even consider new evidence.
Judges have a lot of tools at their disposal to enforce compliance, which include:
- Garnishing wages
- Levying bank accounts
- Finding an individual in contempt of court
These matters can be extremely serious and often have long-term effects. Whether you feel the need to go to court to enforce an order, or you have been accused of not meeting your legal obligations, be sure you have an experienced lawyer who will fight for you.
Again, it needs to be said that if you and your ex-spouse previously consented to a settlement, or if you are fighting a divorce decree issued by a judge, it will likely be particularly difficult to change. If you have questions about changing your divorce settlement, you should definitely talk about them with an experienced Florida divorce lawyer before attempting to do so.