Modification After Orders:/ Pre and Post Sentence Modification
Child custody, spousal support, and child support orders can be modified. The modification may be before the Trial or after the Trial. When it comes to modifying support orders, the key is a significant change in circumstances. If the Judgment is litigated and is worded correctly, the court will always want reasonable justification for changing its original orders. Fortunately, an attorney can help you apply what factors justify a significant change. Some frequently asked questions are listed, but it is always best to speak with an attorney to discuss the facts and list some legal options.
One of the biggest mistakes that a parent who has less time with the child and wants to have more time can make is to go directly to court. Only an experienced attorney can guide you the right way. The standard for changing the custody order, whether it is "Best Interests of the Child," "Change in Circumstances," or "Significant Change in Circumstances," depends on whether you have a temporary order, a stipulated judgment, or a contested judgment with the appropriate language. This is a very complex area of law. Please contact our office to find more details.
Spousal support
A support order under §4320 is one that is an independent evaluation of the listed factors. A request to modify this order must revolve around circumstances that are significantly different from the time the orders were drafted. These circumstances may include, but are not limited to, retirement, disability, a significant change in income reduction, loss of a job, or remarriage.
Can I ask for higher spousal support?
While the law doesn’t say you can’t, there is a requirement that you must prove that the 4320 factors used at the original time are not sufficient for you, and then we must prove that the other party can pay a high support order.
What can end spousal support?
Many factors can cause the end of spousal support. One of the few that deserves recognition is domestic violence. The court and society do not look favorably on people who commit marital domestic violence. If there is a conviction for violence and you are paying spousal support to that person, please feel free to contact us to see if we can help.
Additionally, if the other spouse has remarried, is living in a serious relationship, or has reached that retirement age, all of this may warrant a change or stop paying spousal support. It is important to note that there are many factors and other undisclosed options. If you believe there is a reason to end your agreement, please contact us so we can help you.
If you believe you cannot continue paying spousal support, or if there is a reason to increase it, do not hesitate to call your experienced Orange County divorce attorney for your alimony matter and schedule a consultation to explore your legal options.
Child custody
Child custody modification has 3 main rules, “best interest of the child”, “change in circumstances”, “substantial change in circumstances”, it depends on where you are in the process. The court will often recommend modifying custody orders as the child’s needs evolve or parenting circumstances change. The unfortunate part is that if parents can’t agree and submit revisions for approval, they have to get a judge’s opinion, and possibly involve their respective attorneys. The California Judiciary, that is, the state court system, has a list of general steps and requirements on its website. If you believe you have a good proposal that is in the best interest of the child and there has been a change that requires changing the child custody order, the best option is to consult with your Orange County.
Who can request a change?
Any party involved may request a modification of the orders after sentencing.
Child support
The court has general FAQs about modifyingchild support . This link here will give you a useful overview of the mod. But what does all that mean? Like the other types of modifications, there needs to be a change. When we discuss child support, keep in mind that support is not a punishment that you can ask the judge to change. Support is ordered to ensure your child’s needs. Any parent may request a modification to reduce or increase the amount of support. It is strongly recommended that you click the link and read the court’s important notes on support.
When can I modify my alimony?
The court has said that child support can be modified when it deems necessary.
Who can modify alimony?
The only parties who can modify child support are the person paying and the person receiving the payment. In certain cases, the state can act on behalf of either party and modify payments as well.
Who can’t?
If you have been found in contempt for not paying child support, you cannot change it until you have fixed it first.
What happens if a judge did not create the support order?
If you signed a stipulation and just drafted child support and then had it signed by a judge, you can still modify the support. In this case, you usually don’t even have to prove a change in circumstances.
I can’t afford to make my payments!
If you’ve been struggling financially, don’t wait to apply for a change of support, regardless of which financial side you’re on. It is best to act quickly and speak with your Orange attorney to prepare a proposal if you believe you need a modification.
If you need, want, or are exploring your legal options to change your current alimony, please do not hesitate to contact us. It doesn’t hurt to explore your legal options. With over 20 years of experience, let us help you with your Orange County modification orders.
It’s good to have a general idea of what generally happens, but as I said, nothing is certain in the law. The court takes into account the living situation, including finances, before the divorce and at the time of finalization. It is always best to consult your Orange County attorney to review your legal options.Contact us todayso that we can apply our many years of experience to help you with your modification after orders.