Legal Question in Family Law in Florida
substantial change penalty
What if the petitioning party ends up not showing a substantial change in the respondent's circumstances as suspected? Is there a penalty for bringing a case when substantial change is not finally discovered or is it just that there is no reward for being wrong? Can my ex-wife continue to try every couple years to see what happens or is there recourse?
2 Answers from Attorneys
Re: substantial change penalty
If you have an attorney, and the attorney is certain she has not met the standard, he can file a certain type of motion that forces her to pay attorney's fees if she fails. This is certainly one way to stop her from "testing the water" every two years.
Re: substantial change penalty
To be fair, what amounts to a "substantial change" in one's mind may not be the same as what the judge considers. There is a penalty because if the judge does not grant the motion, things remain as status quo. The relief sought is not granted. I would assume that she would pay attention to what the judge says and rules on and make sure that she has done enough to meet her burden.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
