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Can My Ex-spouse Prevent Me From Seeing the Children if I am Behind on My Child Support Payments?

Your children may rely on child support payments for their economic needs, but they also rely on contact with both parents for their vital emotional needs. Under Florida law, both parties of divorce must honor the terms of the final divorce decree. You are expected to meet your financial obligations, but your spouse cannot legally try to enforce those obligations by taking your time-sharing rights away. However, if a change in your financial circumstances prevents you from keeping current with child support payments, you need to seek assistance from lawyers who can help make legal changes to the original divorce decree.

The lives of parents do not remain stagnant during the years following their divorce. The loss of a job or a substantial decrease in pay may prevent you from continuing to make your required child support payments. However, a substantial increase in pay or a sudden financial windfall might enable you to contribute more than the prescribed amount. This is why subsection 61.13 of the Florida Dissolution of Marriage Statutes places continuing jurisdiction on the court to modify the terms and conditions of the divorce decree when it no longer supports the current circumstances of either party.

Neither person has the right to change the rules even when a spouse violates the terms of the agreement. Even if you both agree to changes, the law prevents you from negotiating changes informally. You need to enlist support from experienced post judgment modification lawyers in Florida to make legally enforceable changes to the initial divorce decree.

Just as the courts continue to preside over the terms of your divorce after the final divorce decree, the attorneys at Weiner & Weiss, LLC remain available to provide experienced legal support when you need assistance enforcing or changing the terms of your divorce in the future.

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  • "Scott Weiss is always knowledgeable and reachable when I have a question. I have referred clients to him and will continue to refer clients!" - Ian S.,★★★★★

  • "Scott is a professional who is well-liked, collegial in a highly adversarial field. He has been mentored by an excellent lawyer and although still a younger lawyer he is fast gaining experience in complex matrimonial matters. He has moved beyond second chair to handling matters on his own. He is a pleasure to work with." - Anonymous,★★★★★

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