Post Divorce Litigation
What is a Post-Divorce Litigation?
Sometimes, divorces are not as final as parties wish them to be, especially when a divorced couple has children. In many cases, a divorced couple has to go back to court to resolve issues with child custody, child support, alimony, changes in income, and more.
Reasons for Post-Divorce Litigation:
Enforcing Child Support
Even though Florida law states that once established in the courts child support payments are enforceable, many individuals fail to make their payments on time. In these cases, a divorced couple that has a child support agreement will need to go back to court. The individual failing to make child support payments is subject to legal consequences, including suspension of driver’s license and withholding of salary.
Modifying Child Support
A child support agreement is a binding contract, but that does not mean changes cannot be made. Sometimes, the person who is paying child support loses their job or develops financially draining medical issues. In this case, the divorced couple needs to go back to court to re-negotiate the child support agreement.
According to Florida law, these agreements are only eligible for modification if the order will not end within 6 months or if it has not been changed within the past three years. Additionally, a substantial life change—such as loss of employment—must be proven.
Increase/Decrease of Income
Receiving an increase or decrease of income affects the overall ability of an individual to pay for child support and alimony. With an increase, the paying party is able to pay more towards either agreement and is likely to be taken back to court so that the agreement(s) can be modified. The same occurs with a decrease in salary, with the agreements being modified so that a lesser amount is owed.
Loss of Employment
As previously mentioned, the loss of employment affects the ability of the responsible party to pay for alimony or child support. The divorced couple must then go back to court to re-establish the terms of child support or alimony. If they do not, and the responsible party is now unable to pay, they could face legal consequences.
During the divorce process couples must agree on how to split property, assets, outstanding bills, and debt. In some cases, responsible parties fail to take care of their portion of agreed terms, affecting the other party. For example, if a couple split owed debts and one party failed to pay their share, the second party’s credit is at risk. In order to protect their credit and see that their finances are not negatively impacted, the second party will need to take the first back to court.
Adjusting Time-Share Schedule
If one parent wishes to have more or less time with their child(ren), this order must also be modified within the court system. Time-share schedules may need to be changed for a variety of scenarios, including a change in work schedule, the child’s preference, and irresponsible parenting.
Need to resolve an issue post-divorce? Contact us today.
Award winning Fort Lauderdale family attorney Gustavo E. Frances, P.A. offers free confidential consultations. Frances proudly serves clients throughout the Florida area, including Hollywood, Boca Raton, Dania Beach, Sunny Isles, Wilton Manors, and Miami. Contact his law office today toll-free at 1-800-860-6565 or complete the online form to see how he can help you. At the Law Office of Gustavo E. Frances, your case matters to us.
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