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Post Judgement Modification & Enforcement of Support

Experienced Lawyers Assist with Modification & Enforcement of Support Actions in Tampa, FL

Skilled Courtroom Representation for Payers and Recipients

A support order, whether for child support or alimony, remains in effect regardless of any changes in the payer’s financial situation. Other factors, such as the child reaching the age of majority or the death of a spouse receiving alimony, automatically trigger a termination of support. But a parent ordered to pay child support who simply cannot make the payments must return to court and request a modification of the order. Otherwise, despite any informal agreement the supporting person might reach with the recipient, the order remains in place and can be enforced at any time. Sessums Law Group represents payers and recipients in actions to modify or enforce support orders. We understand how important a fair determination is to your financial well-being. We take decisive steps to ensure the court bases its decision on the true financial circumstances of the parties involved.

When Can a Paying Parent Seek a Modification of a Support Order?

Florida family law requires that a “substantial change” must occur in a party’s financial circumstances before the court can entertain a change in a support order. A substantial change could occur when the supporting parent encounters financial difficulties, such as long-term unemployment, or, for the purposes of alimony, when the recipient remarries.

In child support cases, the courts look to the state guidelines as the “basis for proving a substantial change.” The rule is that when the court applies the guidelines to the new circumstances, the result must be a difference of “at least 15 percent or $50, whichever amount is greater.”

In alimony cases, the person receiving support need not remarry; the person paying alimony can request a modification if the ex-spouse has entered a “supportive relationship.” Thus, a recipient cannot simply forego the technicalities of remarriage to keep the alimony coming in. Facts that support a finding that a supportive relationship exists, such as a common address, joint bank accounts, pooled assets, and valuable services rendered, can open the door to a modification or termination of alimony.

Enforcement of Support Orders in Tampa

Orders for child support and alimony have the force of law. For child support, the Florida Department of Revenue has a variety of services to ensure payment, including a variety of enforcement measures that include:

  • Late payment notices
  • Income withholding
  • Driver license suspension
  • Business, professional or recreational license suspension
  • Federal income tax refund intercept
  • Florida lottery winnings seizure
  • Workers’ compensation benefits garnishment
  • Personal property liens
  • Garnishment of wages
  • Passport denial

Most instances of unpaid child support are due to parents who can’t afford the payments or those who, unwisely, refuse to pay because of conflicts over visitation. In those cases, a mediated solution is often possible.

Alimony is another story. Ex-spouses often fail to pay alimony simply because they think they got burned in their divorce and they resent paying alimony. When that happens, a recipient can file a complaint with the court. If the court finds the payer has the ability to pay but simply refuses, charges of civil or criminal contempt of court are possible. That person can be jailed until the alimony is paid, and the court can order a number of collection mechanisms to ensure future payments.

Sessums Law Group represents Florida clients throughout the Tampa Bay area in actions to modify or enforce child support and alimony orders. We are determined to help you obtain a result that protects your financial rights. Please call (813) 212-8330 or contact us online to schedule an appointment at our Tampa office.

Our Settlements & Verdicts

Sessums Law Group, P.A. Attorneys Take Pride in Delivering Exceptional Results for Our Valued Clients

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

  • $6,000,000.00 Recovery Fraud Civil Action

    Sessums Law Group, P.A. successfully recovered $6,000,000.00 for a client in a fraud civil action.  Prior to the client’s divorce, the client negotiated and executed an agreement with his wife’s boyfriend that sought that the boyfriend would have no contact with the client’s wife.

  • $2,740,000.00 Wrongful Death Hit/Run of Motorcyclist

    Representation of the plaintiff hit from behind on his motorcycle by a driver who was allegedly drunk at the time of the accident.  Sued the defendant; the bar that the defendant had been drinking and the defendant’s employer.

  • $1,929,000.00 Verdict Real Estate Deficiency

    Representation of estate in real estate deficiency claim resulting in joint and several liability verdict against various doctors and chiropractors.

  • $1,000,000.00 Settlement Collision

    Representation of estate in an automobile and tractor trailer collision that resulted in multiple deaths.

  • Confidential Settlement Amount Medical Malpractice

    Client was burned with a hot pack after delivering her son via Cesarean section.

  • Confidential Settlement Amount Nursing Home Negligence

    Representation of the Personal Representative of the Estate of the patient who died due to negligent care while in the care of the nursing home.

  • Confidential Settlement Amount Trolley Accident

    Representation of passengers who were enjoying a sight- seeing tour aboard a trolley when the trolley was hit by a bus. The passengers suffered soft tissue injuries.

  • Confidential Settlement Amount Hit & Run

    Sessums Law Group was recently successful in settling a case for a hard working Polk County man whose hit and run accident resulted in a need for a knee replacement.  The defendant argued that our client had caused the accident.  We were able to prove through expert accident reconstruction testimony that the accident happened as our client testified despite the minimal damage involved.

  • Confidential Settlement Stolen Property

    Client’s vehicle was burglarized and her engagement and wedding rings stolen. The perpetrator pawned the stolen items to a local pawn shop. The pawn shop ignored the hold order from the police department and sold the engagement and wedding rings. After suit filed for the Plaintiff, a confidential settlement was reached with the pawn shop for the value to our client of her stolen rings.

Florida Attorneys with Proven Expertise, Devoted to Exceptional Service

"Our firm believes in the integrity of the needs of the each client we represent. We are passionate about obtaining the maximum results allowable under the law for each client."

- Mark A. Sessums