Post Judgment Modification Attorneys Orange County
Times and circumstances change. What seemed like a reasonable family law agreement or judgment in the past has become unworkable. What a judge ordered in the past, or what you agreed upon prior, is now causing you problems that must be addressed. Family law agreements and court orders aren’t carved in stone. It’s very common that they’re amended so they better fit a changed situation. Kaufman Steinberg represents parties who need family law orders and agreements changed as well as those who want to keep orders and agreements intact.
Some orders are modifiable after a final judgment has been made. Modifications to child custody and visitation orders, child support orders and spousal support orders are common. Request for visitation orders can be made at any time in the best interests of the children.
There are many possible reasons orders need to be modified, such as:
- A parent unexpectedly becomes disabled or is diagnosed with a debilitating condition and can no longer able to care for a child;
- A job loss or demotion results in a significant drop in income, making spousal or child support payments practically impossible;
- A parent wants to move to another state requiring changes in custodial or visitation arrangements;
- A parent’s work schedule or residence changes;
- The child’s preference has changed - he or she wants to live with or spend more time with the non-custodial parent;
- The child has school attendance or classroom performance or behavioral issues, the child has substance abuse issues, etc.;
- A significant increase in income by an ex-spouse who receives support;
- The post-Judgment discovery of an undisclosed asset or debt; or
- Any “change in circumstances” concerning child or spousal support, child custody or visitation.
A judge may modify a child custody or visitation order because it’s necessary, proper, or warranted if it’s in the child’s best interest. The parent who seeks the child custody modification will need to show the court a “significant change of circumstances” to support the modification request.
Child Support orders can be changed if the original order was below “Guideline”, or if there is a change in circumstances after Judgment. Even when the parties have agreed child support may not be modified, child support can still be modified at any time to match mandatory statewide child support guidelines.
Most spousal support awards and most agreements to pay spousal support can be modified. Spousal support amounts that have accrued before the request to modify the order (arrears) and agreements that are stated to be “non-modifiable” are exceptions to this general rule. Unlike child support, a judge’s ongoing ability to change spousal support depends on the terms of the court’s prior order.
Kaufman Steinberg helps parties confront the issues that come with changing times, circumstances, incomes, locations and the status of children. Judges understand they can’t predict the future and there are times when changing an order may be the right thing to do. But such a change can impact the rights and responsibilities of both parties so it must be shown there’s good cause for such modifications.
The family law attorneys at Kaufman Steinberg can help you whether you want a change to an agreement or order or if you disagree with a proposed change. If you have any questions or concerns about a Post Judgement Modification Attorney Orange County based practitioner, or a possible change, contact Kaufman Steinberg today.