Post-judgment or post-order modifications are an important and often utilized method to change an order or divorce judgment to more favorable terms for one party. Our firm has significant experience in handling cases after a judgment is entered and one party wishes to alter the terms. Often significant planning is involved to ensure success. Preparing a “discovery plan” to gather information, developing a strategy to submit pleadings that have a resounding effect with the court, and negotiating effectively are important aspects in succeeding in post-judgment requests for modifications.
Post-judgment modifications are typically used to seek increases or decreases in alimony or child support. Property distributions are not subject to modification. When one party suffers an involuntary, long-term, unanticipated reduction in income, that party is often left with a far diminished ability to pay alimony or child support.
At Feldman & Schneiderman, P.L., we represent former spouses and parents who have suffered involuntary reductions in income. Likewise, at Feldman & Schneiderman, P.L., we represent former spouses who seek greater alimony or child support when they have suffered reductions in their incomes or when their ex-spouses have enjoyed large increases in income. A careful analysis of the financial facts and circumstances is essential to the success of modification actions.
Sometimes, modification is based not on finances but significant changes in the relationship of parents with their children. Modification of child custody and timesharing arrangements can be fraught with emotional trauma for a parent and children. The attorneys at Feldman & Schneiderman, P.L. review your claims with and give you their best analysis of how to proceed.
Paternity is Fatherhood. Every child deserves to have a legal father. When you establish paternity, you identify the legal father of the child. Paternity gives rights and benefits to the mother, the father and the child. It is not enough to establish legal rights and obligations to be a child’s natural father or to be named on the child’s birth certificate. A natural father needs to establish that he is the “legal” father. An action for paternity is the means to do so.
Negotiation of Property & Marital Settlements
The division of marital assets and liabilities is a critically important part of the divorce process. It is natural to be concerned about receiving a fair resolution of your property rights. It is natural to be concerned that you either receive your fair share of alimony and child support or that you are not required to pay unreasonably high amounts. At Feldman & Schneiderman, P.L., we have over 50 combined years of experience obtaining fair distribution of marital property for our clients, reasonable types and amounts of alimony and child support that fairly account for each party’s income, and timesharing with the children. We are also skilled in estate planning and the handling of retirement accounts. You can rest assured that we will help you make the right decisions.
Additionally, divorce mediation builds on the premise that divorce is not just a legal event, but also an emotional one. It provides a safe context for constructive problem-solving by the divorcing parties and is designed to help develop positive post-divorce family relationships. Research shows that the satisfaction rate for mediated divorce agreements is much higher than for agreements imposed by a court.
Same Sex Marriage
Same-sex marriage has been legally recognized in Florida since January 6, 2015, as a result of Brenner v. Scott, the lead case on the issue. In this case, a U.S. district court ruled the state’s same-sex marriage ban unconstitutional. This ruling has been affirmed by the United States Supreme Court.
The people of Florida should celebrate this milestone in civil rights. However, with marriage, sometimes comes divorce. The same Florida laws apply to divorce when the couple is the same sex.
Florida has a residency requirement to obtain divorce. The divorce must be filed in the location where the parties last lived together as a marital couple. In order to file for divorce in Florida:
- One of the parties must live in Florida for at minimum six months before the date of filing for the divorce
- The filing party must allege that the marriage is irretrievably broken, that is, the marriage cannot be saved.
Neither spouse can prevent a divorce if the other party insists the marriage is irretrievably broken. Since Florida is a “no-fault” divorce state, neither party must allege any type of fault against the other in order to obtain the divorce. One need not allege adultery, physical or emotional cruelty, financial ruin or any other reason other than that the marriage is irretrievably broken.
For all Family Law matters, including Divorce, Alimony, Child Custody and Prenuptial Agreements, in Boca Raton, Palm Beach and Broward.