Modifying Court Orders in Corona
Legally Changing Child Support, Spousal Support & Child Custody Orders in CA
Agreements or court orders in regards to financial support, child custody or visitation are determined based on the needs and circumstances of each spouse at the time their divorce is finalized. What originally worked in a divorce settlement, however, may present a number of difficulties later due to life changes. When a significant change in circumstances occurs after a divorce, either party can modify the original court orders and agreements.
Child Support Modifications
Modifications to child support can be made if you can demonstrate to the court that a drastic change in circumstances has occurred. Common types of modification include lowering the amount of support you are paying or, if you are the one receiving child support, asking the court to modify your original order for more money.
Circumstances that typically warrant a modification include:
- An unexpected job loss or layoff
- A serious illness or injury that prevents you from working
- The other parent suddenly receiving a raise in income
- A change to the child's needs and expenses
- Relocations of either parent
Making Modifications for Affordable Support Payments
When one parent loses substantial income, they may no longer be able to afford child support payments. This is grounds for the court to reevaluate the amount of support that you are required to contribute. Your child may also have taken ill, for example, or have been injured and now requires substantial medical treatment that you cannot afford. You may even feel as if you are being treated unfairly, since your ex-spouse now makes a better yearly income than you do.
Your divorce agreement also includes parameters for where you can move. If your ex-spouse retains partial custody or even visitation rights, then you will have to notify the court or petition for a modification if you wish to move away. Any of these can be grounds for a modification, and you must file the necessary paperwork with the court; however, your petition is not guaranteed to be granted. Work with a lawyer to ensure you have the strongest possible case when requesting a modification.
Changing Spousal Support Requirements
Spousal support modifications fall under the same guidelines as child support. If you are trying to modify your spousal support order for more money, you must demonstrate that a significant change in circumstances warrants more money. Similarly, if you are the one paying spousal support and you want to pay less, you must prove that you have experienced some type of hardship that justifies modifying the order.
What Is the First Step?
If you are interested in modifying a court order, it is best to work with an attorney who can protect your rights and represent you in court or at any hearings you may need to attend.
At Hanson, Gorian, Bradford & Hanich, we have great deal of experience handling modifications, and would be happy to meet with you to discuss your case in more detail.
Request your free case evaluation with our legal professionals today!