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 Boca Raton
Modification and enforcement cases in Boca Raton are filed at the Palm Beach County Family Division courthouse at 205 N. Dixie Hwy, West Palm Beach. Boca Raton's dynamic economy means circumstances change - promotions, job losses, relocations, and changes in children's needs all may warrant modification of existing custody or support orders. The community's high-income demographics also mean enforcement cases here often involve significant unpaid support obligations and complex financial discovery to locate hidden income or assets.
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 Boca Raton Modification & Enforcement Attorney
If you need experienced legal representation for modification & enforcement matters in Boca Raton, 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 Boca Raton, Palm Beach County, and all of South Florida.