Need to Enforce or Modify a Family Law Order in Polk County?

Experienced Representation in Support and Custody Modification Proceedings

When two parents decide to separate or divorce, the most critical issues often involve determining child custody (time-sharing), child support, or spousal support. Even after a divorce is finalized and a parenting plan has been approved, legal problems often arise. These can range from an ex-spouse failing to make payments to a parent refusing to follow the court-ordered visitation schedule.

Our Polk County attorneys recognize that dealing with custody and support disputes can be emotionally draining. Regardless of which side of the case you fall on, seeking legal representation is vital when the terms of your original decree are no longer being met or no longer work for your family. The Law Firm of Gil Colón, Jr. is dedicated to helping clients resolve complex family law issues, including child custody, time-sharing, child support, and alimony matters. If you have questions about modifying an existing order or enforcing a current one, contact us today to learn how we can assist you.

When Can I Petition for a Modification?

Florida laws allow you to petition for a modification of child support, alimony, or custody arrangements if you have experienced a substantial, involuntary, and permanent change in circumstances. 

Grounds for Seeking Modification of Support or Custody:

To file a petition, you must cite specific grounds, which may include:

• Income Changes: A significant increase or decrease in either parent’s income, such as involuntary job loss, retirement, or a high-paying new career.
• Changes in Parenting Time & Custody: If the actual time-sharing pattern has shifted significantly from the original Parenting Plan, or if a parent is no longer fit to provide a stable environment, a modification may be necessary to reflect the child’s best interests.
• Relocation: If a parent needs to move more than 50 miles away, a formal modification of the custody and visitation schedule is required under Florida law.
• Changes to Child Care or Health Costs: A substantial change in medical insurance premiums or child care costs can justify a support modification.
• Changing Needs of the Child: As children grow, their educational, medical, or extracurricular needs may change, requiring an update to support or custody terms.

Enforcing Family Law Orders: What Can the Court Do?

Court orders regarding time-sharing and financial support are not suggestions; they are legal requirements.

Enforcement of Child & Spousal Support If a parent fails to pay support, the court can issue an Income Deduction Order (IDO) to garnish wages, place liens on property (homes, cars, boats), or intercept federal tax refunds.

Enforcement of Custody & Visitation (Time-Sharing) It is worth emphasizing that one parent cannot deny the other visitation rights solely because of unpaid child support. If a parent is “withholding” the child or violating the Parenting Plan, the court can:

• Award “make-up” time-sharing to the wronged parent.
• Order the violating parent to attend parenting classes or pay the other parent’s legal fees.
• Hold the non-compliant parent in civil contempt, which can lead to fines or even jail time.

License Suspensions In Florida, courts can suspend driver’s licenses or professional licenses (medical, teaching, real estate) for those who fail to comply with support orders. Hunting and fishing licenses, as well as passports, can also be revoked.

Does Child Support or Custody Jurisdiction Automatically End at 18?

While an individual is a legal adult at 18, Florida law allows for extensions in specific cases:

• The child is still in high school and expects to graduate before age 19.
• The child has special needs that require ongoing care and financial support.
• There are unpaid “arrears” (back-pay) that must be settled regardless of the child’s age.

To ensure your legal obligations end correctly when a child turns 18, it is best to obtain a court order terminating withholding to avoid clerical errors or unnecessary enforcement actions.

Why Hire a Family Law Attorney for Enforcement or Modification?

Whether you are seeking more time with your children or need to ensure your ex-spouse fulfills their financial obligations, an experienced attorney is your best asset.

• Mediation: We can often resolve custody and support disputes through mediation, saving you the time and stress of a trial.
• Strategic Litigation: If mediation fails, we take aggressive legal action to modify or enforce your orders in court.
• Navigating Local Rules: A local Polk County attorney understands how specific judges rule on “substantial change” and “best interests of the child” arguments.

Contact The Law Firm of Gil Colón, Jr. Today to Schedule a Consultation to Discuss Your Legal Needs

The Law Firm of Gil Colón, Jr. has extensive experience helping clients navigate the complexities of post-divorce modifications. No one wants to return to court, but when your circumstances change or your ex-spouse refuses to follow the rules, we are here to protect your rights and your children’s future.

If you are a parent in Bartow, Lakeland, or anywhere in Polk County seeking help with custody or support, call us today at 863-622-9602 to schedule a consultation. Bilingual services available.