This is the next article in my series on the handling of divorce and custody cases in Melbourne and other Florida areas. My last article discussed how alimony impacts child support in Florida. Parents should understand that alimony increases the income of one spouse while decreasing the income of the other. This, in turn, can impact child support calculations. An experienced attorney can assist you with determining how the Court may rule on support issues in your case. In this article I will be discussing what parents should expect after their divorce is completed. If you are in need of assistance then contact my office today to speak with a lawyer.
Florida parents are required to follow the terms of their divorce & child custody order
The Court will enter a final Order at the end of the parties’ divorce. This Order will include provisions regarding child custody, child support, and visitation. It will also specify how marital property is to be divided and whether spousal support is to be paid from one spouse to the other and for how long. If the parties fail to follow the terms of their divorce then the Judge may hold the offending party in Contempt of Court. A finding of Contempt can result in financial penalties and even short-term incarceration. Another common result is ongoing problems in the case. By following all aspects of a Court’s final order, former spouses can typically avoid a range of problems.
Consider the following example. Jack and Jill complete their divorce. Jack retains the marital residence and is required to pay Jill $100,000 for her share of the equity in the property. Jill is awarded primary custody of the minor child and Jack is to receive the child each weekend for visitation. After six months, Jack has not paid Jill her $100,000. He has made no effort to refinance the property (to obtain the money) or to otherwise secure the funds. Jill, on the other hand, is refusing to grant Jack his visitation out of anger over the fact that she has not received her payment. Under this scenario, the Court may hold Jack in Contempt over his lack of effort to pay Jill. Likewise, Jill may face a finding of Contempt due to the fact that, as far as the law is concerned, the payment of home equity and child visitation are two unrelated issues. It must be remembered that how the Court will rule in any given case will always depend on the facts of the matter.
It is possible to modify child custody, and spousal support, in the state of Florida
Parents should also understand that many aspects of their case can be modified even after their divorce is completed. First, child custody may always be modified. I have previously discussed when Melbourne, Florida parents are able to change child custody. As explained in that article, custody may be modified when there has been a change of circumstances and when the modification would serve the best interest of the child. As is the case throughout the Country, there are no truly “permanent” child custody orders in our state. Likewise, spousal support is typically modifiable (unless the parties agree otherwise) after a divorce. This means that if the income of one spouse goes up or down then the Court may modify the alimony order. I make these points due to the fact that some spouses err in thinking that their case is “over” after a divorce is finalized. The fact of the matter is that former spouses often find themselves back in Court after the case is completed.
If you are considering ending a marriage then contact my office today to speak with a Melbourne divorce and custody lawyer. I have devoted much of my career to handling domestic relations cases and I understand the serious nature of such matters. My office will work to give your case the attention it needs. I look forward to speaking with you. We also serve those in the areas of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.