Modifications

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Modifications

While our clients hope that finalizing their divorce will mean they can move forward with their lives, changes of circumstance occur. When change happens, you may need to modify an existing court order.

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Modifications

We know that you probably do not want to go before a judge again or to go through another legal dispute shortly after your divorce is finalized. However, we know that circumstances change and that it may be necessary to seek a modification of an existing support or custody order. If you do experience a significant change in circumstances, such as a job loss or a relocation, we can speak with you about how you begin the process of modifying a support or child custody order.

Generally speaking, we can tell you that it is much easier to modify an order when both parties agree. If you get a job offer and want to move to another city or state, it will be much easier to modify your existing child custody order if the other parent agrees to the relocation or other type of modification. Yet even when parents agree, you will still need to be able to show the court that the modification is in your child’s best interest. In situations in which the other parent will not agree to a modification, we can help you to petition the court. When we go before a judge, we will gather evidence that shows you have experienced a substantial change in circumstances and that the modification you are seeking is in your child’s best interests.

We can help you seek modifications if your circumstances have changed.

Modifying Child Support
If your situation has changed and you need to modify child support, our attorneys may be able to assist you. However, we want to clarify that it is often pretty difficult to have a child support order modified. In our experience, a California court will only modify a child support order if one of the parents can show a substantial change in circumstances, or if the original child support obligation was below the state guidelines. If you need to seek a modification, one of our modification lawyers can speak with you.
Modifying Spousal Support
If you have questions about spousal support modifications, we want you to know that our lawyers are here to help you. When a client learns that his or her spouse is trying to modify a spousal support order to lower payments, that news can be devastating. Let us clarify that it is not easy to modify an existing spousal support order. In general, these orders can only be changed if there has been a significant change in circumstances, and those circumstances cannot be a result of the paying spouse’s desire to avoid this obligation.

What constitutes a change in circumstances? A significant change in circumstances might look like one of the following:

  • Change in a parent’s income
  • Parent got fired or laid off
  • Parent had another child
  • Change in the child’s needs
  • Custody order was modified significantly
  • Change in California law or guidelines

We Can Help if Your Needs Change

If your needs have changed, we may be able to help you modify your divorce order. However, we want you to keep in mind that courts do not take modifications lightly, and it may not be easy. Our Pasadena divorce lawyers can speak with you today about how we may be able to help.

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