POST JUDGMENT MODIFICATION AND ENFORCEMENT

Modification of Child Support or Alimony

Once an Order has been entered, circumstances often change. This is particularly true when it comes to child support and alimony arrangements between parties. An order for child support or alimony can be changed or modified any time there is a "material change in circumstances" from the time that the existing child support or alimony was issued. A material change in circumstances can take many forms. The change can be the result of changes in the parent's financial situation - such as appreciable difference in the amount of income earned, loss of a job, a large inheritance, or a change in the amount of time spent with the child. The material change in circumstance can be the result of a new situation for the child - such as large medical expenses, need for special education, or other unexpected requirements. A child support payment or alimony payment could be modified by stipulation between the parents (as long as guideline support factors have been accounted for) or by a noticed court hearing.

Temporary/Permanent Modifications

There are two major types of modifications: temporary and permanent. Different changes of circumstances that can temporarily effect child support payments may include:

• A child’s medical emergency
• A parent’s temporary inability to keep up with the scheduled payments due to the loss of a job or a medical emergency
Examples of changes of circumstances that can result in permanent modifications may include:
• Either parent’s income significantly increases or decreases
• The child’s needs significantly change
• One of the parents become disabled
• There are changes in the cost of living
• There are changes in child support laws

Court Order

Modifications of child support or alimony must be approved by the court.  To get the modifications approved and permanently in place, one party has to prove that circumstances have changed in such a way that the child support agreement has to be adjusted.

Enforcing Child Support Orders

Enforcing court ordered child support is not always as easy as it may seem. While most would like to believe that all parents are responsible enough to financially support their children, many parents do not contribute the whole amount owed to their kids. In fact, some do not pay anything at all.
Because of this fact, there are several ways to go about enforcing child support.  There are several factors that go into determining the best method of collecting the funds. Past payment history, where the parent is located, how much money s/he makes, when the last payment was made and what kind of assets s/he has make a difference in figuring out what avenues are taken to secure the child support payments are made.
In some cases, all it takes to get the parent to send a check in is a simple telephone reminder. There are several other options that can help the parent to pay voluntarily, including monthly billing statements being sent to his or her home and voluntary wage assignments. These should be explored first, before choosing to take more serious action.

That said, if the payments still are not being made regularly (and in the full amount), here are some of the ways that the money can be collected:

Income Deduction Order

In Florida, the court may enter an Income Deduction Order.  Usually this is done when the child support is paid through a central depository or the state’s child support division.  The obligor’s employer is ordered to deduct the child support payments directly from the obligor’s paychecks and forward them to the depository for distribution. 

Contempt of Court

If a judge finds that a parent is intentionally delinquent in the payment of court ordered child support, the person can be held in contempt of court. As a result, the parent can be sentenced to jail for months at a time.

Suspension of Professional Licenses and Driver’s License

The court has the ability to suspend or deny professional licenses and certificate of parents who fail to pay child support.  The Judge also has the right to suspend the driver’s license and motor vehicle registration for failure to comply with the child support order.