Post-Judgment Modification Attorney 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. 

Commonly, they’re amended, so they better fit a changed situation. The Kaufman Steinberg legal team represents parties who need family law orders, and agreements changed as well as those who want to keep orders and agreements intact.

Planning Your Post-Judgment Modification Case

An experienced post-judgment modification attorney Orange County can review your case and advise you whether your situation is appropriate for post-judgment relief. It’s a good idea to seek out this type of specialist early in a divorce proceeding to put a plan in place ahead of time. 

A post-judgment modification attorney in Orange County listens to what you have to say and puts it into legal terms that help explain your options available to address changes in circumstances or create solutions before problems interfere with activities such as parenting time and financial arrangements.

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.

Possible Reasons Orders Need To Be Modified

• 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 decrease 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 – they want 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 or child custody

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 Guidelines

Child Support orders can be changed if the original order was below “Guideline” or if circumstances change after Judgment. Even when the parties have agreed child support may not be modified (which would be unenforceable in Court), child support can still be modified at any time to match mandatory statewide child support guidelines. Child support may not be modified out of convenience or because one party cannot afford their original agreement without hardship; unless they were ordered to pay more than the guideline (which happens very rarely). An attorney at Kaufman Steinberg will analyze your circumstances and help guide you through the post-judgment modification process.

SPOUSAL SUPPORT 

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 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 court’s prior order terms, and a determination of whether there has been a change in circumstances since the judgment was entered.

Some of the most common reasons for modifying spousal support include an involuntary or voluntary reduction in income, a lack of funds to make payments, and changes in employment status. The court looks at whether the party receiving support has made diligent efforts to seek employment given their age, skills, and other marketable qualifications. If there’s been no change in living conditions, the court will only consider the parties’ current financial situations.

The Orange County 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.