We Help You Pursue Changes To Your Divorce Decrees
The only constant in life is change. These changes in life circumstances and the lives of your children may warrant a post-decree modification of divorce orders. Pursuing a modification is the only legal way to ensure that your post-divorce orders continue to match up with your post-divorce life.
At Andrew P. Johnson, APC, our thorough, skilled attorneys help families across Vista understand the modification process. It is important to remember that there is not one way to modify your divorce agreements. Our team will help you build a plan and pursue the changes that make sense.
Post-Decree Modifications Of Child Custody Or Support Orders
There are multiple reasons for requesting a modification to a child custody or child support order. San Diego area courts look for a “substantial change in circumstances” of one or both parties. These can include a significant change in income or the loss of a job, relocation, illness or the welfare of the child. If both spouses were employed at the time of the termination of the marriage and one loses their job, then this may be considered a “substantial change,” requiring modification in the existing child support order.
A substantial increase in income and quality of living may justify a request of the court to increase child visitation and parenting time. If there are issues such as drug or alcohol abuse, neglect or concerns about safety, a guardian ad litem may be appointed to study the issue and make recommendations for modification that the court will agree to hear. Other issues can include significant changes in the child’s behavior at school and academic performance, interference of visitation and parenting time, or health concerns. It is a myth that an older child may request to change parental residence. This is not considered a just cause for a modification request. The wishes of the minor may be considered by the court but are not enough on their own to warrant a modification.
Post-Decree Modifications Of Spousal Support In California
Modification of spousal support in San Diego can be a complicated matter. Usually, the original order for spousal support is based upon the length of the marriage and the financial circumstances and lifestyle of the parties. In most cases, the original divorce decree will contain language that either gives the court continuing jurisdiction over the matter or prohibits any changes to the original orders after the decree is issued.
If the court maintained jurisdiction or ordered one of the parties to become “independent and self-sustaining,” then post-decree spousal support modifications may be requested. Even if the language of the original agreement prohibits changes, California case law may establish an opportunity to seek modification if the change in circumstances was not taken into consideration by either of the parties or the original court at the time of the prior order.
Contact An Experienced Certified Law Specialist To Modify Your Support Order Or Divorce Decree
These are complex matters, and it is best to seek the advice and counsel of an experienced California Certified Family Law Specialist (CFLS).
If you are interested in seeking changes to a child custody, visitation or support order or modification or termination of spousal support, then contact us today. Call our office in Vista at 760-278-3262 or send us an email, and a member of our team will respond promptly.