Modifications & Enforcement

The requirements for modification depend on the type of order at issue. Modification of child support, alimony, and timesharing are each governed by different statutory standards, but all generally require a showing that there has been a substantial change in circumstances since the entry of the existing order. The specific threshold and what constitutes a sufficient change depends on the type of order and the facts of your case. Rosanna can evaluate your circumstances and advise you on whether the threshold for modification is met.

It depends on the type of order you are seeking to modify and the specific facts of your situation. The threshold for modification varies depending on whether the order involves child support, alimony, timesharing, or parental responsibility, and what has changed since the original order was entered. A change that is sufficient to support a modification of one type of order may not be sufficient for another. The only reliable way to evaluate whether your circumstances meet the applicable threshold is to have an attorney review the existing order and the facts of your situation. Rosanna can give you a direct assessment of whether a modification proceeding is worth pursuing.

Florida courts have broad authority to address noncompliance with family law orders. Available remedies include contempt proceedings, which can result in fines or incarceration, income withholding for support obligations, suspension of licenses, and other enforcement mechanisms available under Florida law. The court may also award attorney's fees and costs to the prevailing party in an enforcement proceeding. The appropriate remedy depends on the nature of the noncompliance and the circumstances of the parties. If a court order is being violated, consulting with an attorney promptly is important, as delay can affect the relief available to you.

No. Timesharing and child support are independent obligations under Florida law, and one may not be withheld as leverage for the other. A parent who withholds timesharing because the other parent has failed to pay child support may themselves be found in contempt of court. The proper remedy for nonpayment of child support is an enforcement proceeding, not self-help. Similarly, a parent who is being denied timesharing may not withhold child support in response. If either obligation is not being met, the appropriate step is to seek court intervention rather than to take matters into your own hands.