Changing Alimony, Child Support And Child Custody After Divorce
In California, even if your divorce is final and the court has finalized your judgment, the terms set for alimony, child custody and child support can be changed at any time. You may request a post-divorce modification whether or not your ex agrees with the terms. While you can do this on your own, it may be beneficial to work with an attorney to ensure you understand your options and can make decisions about moving forward.
At Harris and Fraser in Burlingame, we have over 25 years of family law experience helping our clients obtain the terms they want through modifications of orders, whether it is through alternative dispute resolution or litigation.
Why You Might Need A Modification
During your divorce, you may not understand exactly how your life will change. Your decisions are made at an extremely stressful time and based on your projections about the future. It is not unusual for circumstances to change over time and require modifications to existing orders such as:
Child support payments: If either parent has a significant change in income or in the amount of time spent with the children, a modification may be necessary. Whether you are paying support or receiving it, a modification may be requested.
Custody and visitation: To get a modification of a custody or visitation order, the parent requesting the modification must demonstrate that there has been a significant change in circumstances. For example, a parent may want to move out of state with the children or the children’s needs may have changed. The court will consider what is in the best interests of the children in these decisions.
Spousal/partner support (alimony): To request an increase or decrease, there must be a significant change in circumstances of one or both parties. For example, one party may lose their job and be unable to pay the amount of support stipulated in the divorce decree. Or, the receiving party may not need financial support anymore.
With any modification, it is important to realize that you may not get the outcome you were hoping for. It is best to discuss these matters with an attorney before requesting a modification.
Start By Speaking With Our Attorneys
The modification process can be complex and confusing, but a skilled, experienced lawyer may help you. If you and your ex agree on the terms, you may be able to find a solution through mediation or with help from a family law facilitator. If your ex denies your request, we are prepared to take the case to court and litigate. No matter how we handle the case, your interests and goals are at the forefront of our strategy.
As knowledgeable advocates, we will walk you through the California modification process and address any questions or concerns you have. To retain the help of a successful professional to represent your interests, contact Harris and Fraser online to set up a consultation or call 650-401-8080.