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Fort Lauderdale Post-Judgment Modification, Contempt & Enforcement

When issues in your case are resolved, you are left with a final judgment or other court orders. If circumstances change and you need to modify the final judgment or a party is not obeying court orders, you may need to initiate post-judgment modification, contempt, or enforcement proceedings. This can be difficult. For legal advice on how to proceed, contact Jennifer Kane Waterway, P.A. now.

When Can I Modify the Final Judgment?

The Final Judgment is final and binding on both parties. Therefore, it can be very difficult to modify the final judgment. To modify the final judgment, you or the opposing party (your spouse or your child’s other parent) needs to prove a substantial change has occurred. Legally, this is a high standard, so you should hire an experienced South Florida family law attorney for assistance. Additionally, not every part of the final judgment can be modified. Generally, issues of child support and parenting plans can be modified. Alimony is sometimes nonmodifiable but can be addressed in other ways, such as abatement. Abatement permits a party who cannot meet his or her obligations to put the matter on hold until he or she obtains employment and is able to comply, for example.

What Is Contempt of an Order?

Court orders impose a legal obligation for the parties to obey those orders. That is, you and the opposing party are legally required to follow the court’s order. When a party willfully fails to obey the order, he or she may be found in contempt of the order. A party in contempt faces serious legal penalties. If the opposing party in your case is not obeying the order or is accusing you of contempt, contact Jennifer Kane Waterway for help.

How Can I Enforce the Order?

Court orders are enforced by asking the court to enforce them or encouraging the other side to comply to avoid the expense of a court proceeding. Every case is different, so the options depend on the circumstances. If you prove the opposing party is not following the final judgment, the court may force them to fulfill their obligations. One example of enforcement is a judge garnishing a parent’s wages for failing to pay child support.

Seeking modification, contempt, or enforcement of an order is tough. You should not go to court alone to handle your case. Instead, contact experienced family lawyer Jennifer Kane Waterway. With years spent helping South Florida families, Attorney Waterway has the experience, training, and knowledge to help you. Jennifer Kane Waterway will work closely with you, answering all your questions along the way, and develop a strategy best suited to address your needs. Contact her today to discuss your case.

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