Post-Judgment Mediation in Florida
Modify Divorce Orders & Resolve Ongoing Disputes Through Mediation
Life changes after divorce. Our post-judgment mediation services help you modify custody, support, and other court orders without expensive litigation. Serving all 67 Florida counties online.
What is Post-Judgment Mediation?
Post-judgment mediation addresses issues that arise after your divorce is final. Even the best divorce settlement can require modifications as circumstances change—children grow older, parents relocate, jobs change, or new relationships form. Rather than returning to court for expensive and adversarial litigation, post-judgment mediation provides a collaborative, cost-effective way to resolve disputes and modify existing orders.
Florida law encourages mediation to resolve post-judgment matters. Courts often require parties to attempt mediation before scheduling modification hearings. Mediation is faster, less expensive, and allows you to maintain control over outcomes rather than leaving decisions to a judge who doesn't know your family.
Common Post-Judgment Issues We Mediate
Parenting Plan & Timesharing Modifications
Children's needs evolve as they age. School changes, extracurricular activities, new work schedules, or relocations may require adjusting parenting plans and timesharing arrangements.
Common Examples:
- •Modifying timesharing percentages
- •Adjusting pick-up/drop-off times and locations
- •Changing holiday and vacation schedules
- •Updating decision-making authority
- •Addressing teenagers' preferences
Child Support Modifications
Florida law allows modification of child support when there's been a substantial change in circumstances affecting either parent's income or the child's needs.
Common Examples:
- •Parent loses job or experiences income decrease
- •Parent receives significant raise or promotion
- •Child's extraordinary expenses increase (medical, education, special needs)
- •Timesharing changes significantly
- •Emancipation or child support termination issues
Alimony Modifications
Alimony can be modified if there's been a substantial, material, and unanticipated change in circumstances for either party.
Common Examples:
- •Paying spouse's income significantly decreases
- •Receiving spouse's income increases substantially
- •Receiving spouse cohabitates with new partner
- •Health issues affecting either party's ability to work
- •Retirement of paying spouse
Relocation Disputes
When a parent wants to relocate more than 50 miles away, Florida law requires specific procedures. Mediation helps parents reach agreements that serve children's interests while accommodating the move.
Common Examples:
- •Negotiating consent to relocation
- •Modifying timesharing for long-distance parenting
- •Adjusting transportation and travel arrangements
- •Allocating travel costs
- •Using technology for regular parent-child contact
Enforcement & Compliance Issues
When one party isn't following court orders, mediation can address the underlying problems and create solutions without contempt proceedings.
Common Examples:
- •Timesharing violations or denied parenting time
- •Unpaid child support or alimony arrears
- •Failure to pay court-ordered expenses
- •Non-compliance with parenting plan provisions
- •Communication and cooperation problems
Post-Secondary Education Expenses
College expenses often create disputes years after divorce. Mediation helps parents negotiate fair contributions to higher education costs.
Common Examples:
- •Determining each parent's contribution to tuition
- •Allocating room, board, books, and other expenses
- •Setting expectations for student's academic performance
- •Choosing appropriate schools within budget
- •Handling unexpected education costs
Florida's Legal Standard for Modifications
To modify a final divorce order, you must show a substantial, material, and unanticipated change in circumstances. Here's what that means:
Substantial Change
The change must be significant enough to warrant modifying the existing order. Minor or temporary changes typically don't qualify.
Examples:
- Major income change (typically 15%+ for support)
- Relocation beyond 50 miles
- Child's changing needs or preferences
- Remarriage or cohabitation (for alimony)
Material Change
The change must directly affect the subject of the modification—whether support amounts, parenting time, or other provisions.
Examples:
- Job loss affecting ability to pay support
- Child's school schedule requiring different timesharing
- Parent's health issues impacting parenting ability
- Significant changes in either parent's living situation
Unanticipated Change
The circumstances couldn't have been reasonably foreseen when the original order was entered. Planned changes may not qualify.
Examples:
- Unexpected medical diagnosis
- Unplanned job loss or transfer
- Unforeseen changes in child's needs
- Economic circumstances beyond party's control
Why Choose Mediation for Post-Judgment Matters?
Cost Savings
Post-judgment litigation can cost $5,000-$25,000+ per person. Mediation typically costs 80-90% less, making it accessible for families already stretched financially.
Speed
Court dockets are backlogged. Getting a modification hearing can take 6-12+ months. Mediation can be scheduled within weeks and resolved in a few sessions.
Control Over Outcomes
In mediation, you create solutions that work for your family. In court, a judge who doesn't know your circumstances makes binding decisions.
Preservation of Co-Parenting Relationship
Litigation increases conflict and damages co-parenting relationships. Mediation fosters cooperation and focuses on children's needs.
Flexibility
Mediators can schedule around work schedules, conduct sessions online, and work at a pace comfortable for both parties.
Privacy
Court hearings are public record. Mediation is confidential, protecting your family's privacy and sensitive information.
The Post-Judgment Mediation Process
Initial Consultation
We review your existing court orders, discuss what's changed, and determine if mediation is appropriate for your situation. This consultation is typically free.
Preparation & Document Review
Both parties provide relevant documents—current orders, financial information, school records, or other materials related to the dispute. We review these before the mediation session.
Mediation Sessions
We facilitate productive discussions, help identify interests and concerns, explore options, and work toward mutually acceptable solutions. Sessions are typically 2-3 hours and can be conducted online.
Written Agreement
When you reach an agreement, we draft a modification document outlining the changes to your existing orders. Both parties review and sign the agreement.
Court Submission
The agreed modification is submitted to the court for approval. Once the judge signs, it becomes an enforceable court order replacing the previous provisions.
Special Focus: Relocation Mediation
Relocation cases are among the most challenging post-judgment issues. Florida Statutes Section 61.13001 governs relocations more than 50 miles from the current residence.
Notice Requirement
The relocating parent must provide written notice at least 60 days before the move (or 10 days if the relocation wasn't known 60 days in advance). The notice must include specific information about the new location and proposed revised timesharing.
Other Parent's Options
The non-relocating parent can consent to the move, attempt to reach an agreement through mediation, or file an objection requiring a court hearing.
Relocation Factors
If contested, courts consider factors including the child's relationship with both parents, the age and developmental needs of the child, the distance of the move, financial impacts, and whether relocation serves the child's best interests.
Mediation Advantages
Mediation allows creative solutions—such as adjusted timesharing schedules, travel arrangements, virtual contact plans, and cost-sharing agreements—that satisfy both parents while serving the child's interests. Many families successfully resolve relocations through mediation even when initial positions seemed incompatible.
Mediation for Enforcement Issues
When your co-parent isn't following court orders, mediation can be more effective than contempt proceedings:
Important Note: While mediation is often effective, some enforcement issues require court intervention—particularly when there's a pattern of willful non-compliance, safety concerns, or one party refuses to participate in good faith mediation.
Frequently Asked Questions
How long after divorce can I seek modifications?
There's no waiting period for post-judgment modifications in Florida. You can file for modification as soon as circumstances change substantially. However, the change must be material, substantial, and unanticipated—not just buyer's remorse about the original agreement.
Do I need a lawyer for post-judgment mediation?
You're not required to have an attorney, but you may want to consult with one—particularly if you're dealing with complex issues like significant asset changes, business valuation, or intricate tax implications. Mediators can't provide legal advice, so understanding your rights is important.
What if we can't reach an agreement in mediation?
If mediation doesn't produce an agreement, you can file a petition with the court for a modification hearing. The judge will hear evidence and make a decision. However, most cases do reach settlement through mediation, avoiding the time, expense, and uncertainty of litigation.
Can mediation address contempt of court issues?
Yes, mediation can often resolve contempt issues more effectively than court proceedings. Mediation identifies why non-compliance is occurring and creates practical solutions. However, you maintain the right to pursue contempt proceedings if mediation fails or if there's willful, repeated violation of orders.
How much does post-judgment mediation cost?
Post-judgment mediation typically costs $150-$400 per hour, with most cases resolving in 3-6 hours total. Compare this to litigation costs of $5,000-$25,000+ per person for attorney fees, court costs, and expert witnesses. Mediation is dramatically more affordable.
Is a mediated modification agreement enforceable?
Yes, once the mediated agreement is approved by the court and entered as an order, it's fully enforceable just like any court order. Violation of a modified order can result in contempt proceedings.
Resolve Your Post-Judgment Issues Through Mediation
Don't let changed circumstances drag you back into expensive court battles. Our experienced mediators help you modify orders and resolve disputes efficiently.
Get in Contact with Us
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📧 All inquiries are sent directly to: solimanlaw@yahoo.com
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