Post-Judgment Modifications Attorneys in Newport Beach, CA
Life is anything but predictable. Remarriage, a job opportunity, a serious injury, or another significant change could render an existing custody or support order unworkable. If you need to modify or challenge a request to change child custody, visitation, spousal support, or child support, an Orange County post-divorce modification attorney at Sullivan Law & Associates can help.
One of the key aspects of handling a post-judgment modification is showing the court that there is a change substantial enough to warrant a change in the support or custody order. Our lawyers have represented clients on both sides of these proceedings and know how to properly present evidence for or against a modification. We will work with you to clearly state your goals and then will pursue these for your future well-being. Contact Sullivan Law & Associates today at (949) 590-8100 to schedule your consultation.
What Situations May Allow for Modifications?
As a general principle, individuals must demonstrate a substantial change in circumstances that justifies the modification of an existing court order. Our family law firm in Orange County assists clients seeking post-judgment modifications. Some common grounds for modification include:
- Remarriage
- Reconciliation
- Parental relocation
- Employment opportunities
- Significant income increases
- Significant income decreases
- Loss of employment
- Serious injuries
- Disabilities
- The changing needs of a child
- Drug abuse or alcohol abuse
- Domestic violence
When significant changes in circumstances make it difficult to adhere to the terms of an original agreement or settlement, post-judgment modifications may be necessary. For instance, the loss of employment or a serious illness can hinder one’s ability to meet child support obligations that were based on a higher income. In such cases, an attorney can assist in proving the need for modification to ensure the agreement aligns with the current situation.
Another reason for post-judgment action arises when one party fails to comply with the original divorce agreement, particularly regarding property division. Occasionally, either party may disregard the plan, resulting in unequal distribution of proceeds when an item is sold or given away. In these circumstances, a Newport Beach divorce lawyer can take appropriate legal measures to address the situation through a post-judgment action.
Child Custody & Visitation Modification
Child custody and visitation can be modified at any time following a judgment. If a parent wishes to modify custody after a final judgment, they must demonstrate a significant change in circumstances since the final order and prove that the proposed change is in the best interest of the children.
However, if a parent only seeks to modify the visitation schedule without changing custody, it is generally not required to show a significant change. Simply presenting to the Court that the visitation schedule should be altered in line with the children’s best interest is typically sufficient.
Various factors may lead to a modification, including a parent not spending the court-ordered time with the children, instances of physical or emotional abuse, parental alienation, substance abuse (especially a relapse), a change in one parent’s residence, or a proposed relocation by a parent with the children.
Child Support Modification
Child support can be modified even after a divorce. If there are changes in one or both parents’ incomes or in the time spent with the children, a parent can seek a modification. However, it doesn’t mean rushing to Family Court at the first sign of change is necessary.
Whether the change in income or timeshare is temporary or not plays a crucial role in making that decision. If a parent occasionally misses visitation but makes up for it, they shouldn’t have to defend against a modification request.
Similarly, a slight reduction or increase in income usually doesn’t warrant a post-judgment modification request. Family Law judges prefer to see child support modification requests only when there is a significant change.
Spousal Support Modifications
Certain divorce judgments, agreed upon by both spouses, render alimony unmodifiable. However, it’s important to note that most alimony awards can be modified. Unlike child support, modifying alimony is not as straightforward as many assume. The computer program used for determining child support and temporary alimony does not apply to post-judgment modifications. Instead, the Court is obligated to consider the 13 factors outlined in Family Code section 4320, among other considerations.
Seeking guidance from our experienced post-judgment modification lawyers in Newport Beach is crucial before embarking on a spousal support modification or defending against a modification request from your ex-spouse.
Spousal support modifications come in various forms and sizes. The most common modification requests involve a reduction in spousal support due to significant changes in circumstances. Typically, the supporting spouse initiates this request, citing a decrease in their income, an increase in the supported spouse’s income, or the supported spouse now cohabiting with a nonmarital partner.
Experienced Post-Divorce Modification Counsel in Orange County
Our post-judgment modification lawyers have decades of legal experience in family law, and this includes a considerable amount of post-divorce modifications. It is important to go through the proper channels before you change anything regarding your custody, visitation, or support arrangement.
This can help you avoid serious problems in the future. These are court orders, after all, and violating such an order could have financial implications or could affect your custody and visitation rights. Contact our firm today at (949) 590-8100 to discuss a potential post-judgment modification. We serve all of Newport Beach, Orange County, and the surrounding areas.