A change in financial circumstances, residency, or employment often requires a modification of spousal support, child support, child custody, or child visitation orders. Fortunately, few orders are actually permanent and non-modifiable. Our family law attorneys learn the background of your case, fully understand your existing orders and how they arose, and discuss a path forward towards achieving a modification that best serves the client, and when applicable, their children.
Even in cases where both parties reach an agreement about changing a current order, the change must be approved by a judge. Whether it requires litigation to get judicial approval, or simply drafting a new order, the modification process can be tricky.
Modifying your current order can be a complex and challenging situation.
Changes in your circumstances can warrant a modification of custody or support orders, including:
If your divorce decree clearly states that it is non-modifiable, the court does not have the authority to amend it. When it comes to spousal and/or child support, that means that the agreed upon amount must be paid, no matter the circumstances.
The State of California has a three-year statute of limitation for reopening a final divorce settlement to contest the division of assets.
For both spousal and child support, there is no statute of limitations on payment collection or to petition for enforcement. However, when it comes to spousal support, the court typically decides how much must be paid and for how long. Child support payments are typically required until the child graduates from high school or reaches the age of 18.
Modifying your current order can be a complex and challenging situation. F&R Law Group helps clients strategize when and how to request a modification. Our attorneys will help negotiate the modification with the other party, or request the modification from the court when necessary. We then expertly draft language that achieves the desired goal while insulating our clients from risk.
When you have circumstances that change, it can be unsettling and lead to confusion and stress for you. Our attorneys can help guide you through the modification process and let you know what steps are being taken to help relieve the stress you might be feeling. We provide each of our clients with individual attention that is focused on providing them with a favorable outcome.