Post Judgment Modifications Attorney in Los Angeles, CA
At the conclusion of a divorce, a judge will draft a final document that addresses all outstanding relevant matters, including division of assets, child custody, child support, and alimony. In addition, the order will dictate the consequences if the direction of the court is not followed. However, this order is not always permanent. Los Angeles post judgment modification lawyers can help divorced and separated families modify these court orders when necessary.
Obviously, courts cannot reasonably see into the future or take into consideration the possibility of a change of circumstances. If circumstances change, the court may be open to modifying the order. By allowing for modification, the court makes sure that the order continues to support the financial needs of both parties and the best interests of their children.
Modification cases are very important for families whose lives have changed substantially and permanently after the divorce is resolved. How you approach modification and what you must prove will differ based on the type of order and the cooperation of both parties. Navigating the case is easier with the support of a caring and discrete modification attorney who can protect your family’s interests.
Zitser Family Law Group, APC: Experienced Family Law Attorneys
If you are requesting a modification, you need to establish an ongoing, continuing, and unforeseen change in circumstances that meet the legal standard of the court. If you need quality legal services, contact Zitser Family Law Group, APC. Our firm has over 20 years of experience working with clients who need to convince the court that the request for modification is valid. To discuss your case with a legal team you can trust, give us a call today.
Our firm is proud to support families in Los Angeles and the surrounding communities, providing dedicated and detail-oriented legal representation. While some modification cases are fairly straightforward, some can become unexpectedly complex. We take time to listen to your intentions and your circumstances, as well as any concerns you have about the process. Our goal is to help you navigate modification efficiently and successfully.
What factors can be modified?
If you need a modification because of changing circumstances, you should act quickly. Courts are open to hearing cases of modifications based on a variety of factors, including a loss of a job, a recent illness, family relocation, or a change in living arrangements, just to name a few. Zitser Family Law Group, APC has successfully handled numerous modification cases for clients, including:
- Child support
- Alimony
- Child custody
- Child visitation
- Relocation within the state
- Relocation across state lines
Division of property is final when a divorce is finalized, and cannot be modified. However, if one spouse does not follow through on the court-ordered division of property, actions can be taken. An experienced attorney can help an individual take the correct steps if this happens.
Why would I need a post-judgment modification?
Post-judgment modification is most common for aspects of a divorce decree, but other court orders can also be modified after they have been established. Separated parents who have a custody order can modify this. Other court orders may also be open to modification, depending on your circumstances.
Before California will allow for a modification, you must establish a significant, unforeseen, and continuing change in your situation. What this change is depends on the order you are requesting to modify, but it must be substantial and long-term.
In cases related to child support, you might request a modification based on a loss of job or change in the custody arrangement. Spousal support may be modified because of a change in financials, a decline in health, or a change in living situation. Child custody may be modified because of a change in a work schedule, relocation, medical issues, and many other factors that would affect the life of a child. Child support can also be modified if the parent is able to establish that they have had a significant loss or change in income, serious health concerns, and other major life changes that can impact his or her ability to pay. Modifications for relocation can be requested based on what serves the child’s best interests, including academics, familial relationships, social life, and more.
If your life circumstances have changed, it is important to act quickly to modify the court order to reflect that. Court orders are still enforceable. If you are unable to make your support payments because of a decrease in income, or a custody arrangement no longer fits your family’s abilities, you need to file for modification immediately. If you do not, you can be held in contempt of court for failing to provide court-ordered payments or following the court-filed parenting plan.
Modifying Child Support Orders
Modifying child support is generally related to a change in income or financial circumstances. Parents can request to increase or decrease child support at any time, given a change in circumstances. Some potential circumstances that could lead to an increase or decrease in child support include:
- Either parent loses their job or is demoted
- Either parent has a promotion or an increase in income
- The custody or visitation order changes
- Either parent has a change in their family size, requiring different financial support
- A parent becomes disabled
- A parent is incarcerated
- A parent is deployed on active military duty
- The child’s financial needs have changed
The parent who requested the modification must provide proof of the stated change and relevant financial information. Based on this information, the child support agency will determine if the modification is necessary. In California, a change in circumstances is generally considered significant if the new child support amount would differ from the prior order by 20% or $50, whichever amount is lower.
If the agency denies the request for modification, parents can take the request to court. An attorney can help parents determine if this is the right step to take.
If parents agree on a modification of child support, then they can file an agreement with the court and then handle the change through the agency. The agency is still responsible for the decision to modify or keep the order the same. However, if parents do not agree in advance to a modification of child support, then both parents will receive a notice to appear in court. The family court will make the final decision on the modification.
When you are looking to change your child support order after a financial or personal change in your life, an attorney can help you determine your next steps, including gathering information to prove the change.
Modifying Alimony
Alimony modifications are also based on financial changes in the lives of either spouse. To secure a modification of this order, an individual must show that the factors that originally led to the creation of the order have changed. This may include the income or earning capacity of either party, the ability of the paying party to pay support or the obligations and assets of each party. If the party receiving support gets remarried, this could also be a cause for a modification.
An attorney can review your situation to determine if you have the grounds to request a modification and gather documentation of that change.
Modifying Child Custody and Parenting Time
There are several reasons why parents may need to change their custody and parenting time orders. One parent may be less able to provide for their children’s needs, due to a change in their employment duties, a disability, or another medical condition. The child’s needs may also have changed, requiring a different arrangement. If one parent has become a danger to the child, custody orders should be changed for the child’s well-being.
Some minor changes to parenting time do not need a significant change, but some modifications do. It is important to discuss your unique case with an attorney, who can help you understand what you must do to prove that the modification is needed.
Relocation With a Custody Agreement
Sometimes, custody modifications are for a much more significant change. When parents want to relocate, this can significantly affect their custody, visitation, and support agreements. This is true whether parents are moving within the state or elsewhere in the country. If parents live too far apart, visitation with the other parent or joint custody will be difficult or even impossible. The court must approve the relocation.
When parents agree on the relocation, the court must still ensure it is not harmful to the children’s interests. If parents disagree on the relocation, then the court will have to determine the interests of the children, the reason for the relocation, and other factors. An attorney can help you navigate this case.
Contact a California Post-Judgment Modifications Attorney
If you believe that you need to request a post-judgment modification, you need a law firm with experience and skill that can help you navigate the process. Zitser Family Law Group, APC is ready to assess your case, guide you through your options, and passionately advocate on your behalf in a California court. It is essential to retain an attorney that has successfully handled numerous post-judgment modifications. Our firm will work tirelessly to see that your legal situation concludes in the best way possible. If you need quality legal services, contact Zitser Family Law Group, APC.
