Revisiting Court Orders For Custody Or Support In California
Child custody or child support orders that made sense at the time of divorce may no longer apply. Parents change jobs or move away. People experience unemployment or health crises. Children’s needs change as the years go by.
Maggio Law regularly handles post-divorce modifications in the family courts of Orange County. We understand that these hearings can be just as complex and contentious as the original divorce proceedings. Our courtroom experience can help you protect your interests, whether you are seeking a modification or fighting it.
The Various Types Of Post-Judgment Modifications
The primary types of post-judgment modifications are divorce modifications by agreement and divorce modifications by court order. The modifications by agreement involve both parties agreeing on these modifications without the need for court intervention. Modifications by court order involve seeking judicial intervention to secure a modification, usually because an ex-spouse is unwilling to make the necessary change.
Can Division Of Assets Be Modified?
There are rare occasions that can call for a modification of divided assets in a divorce. Though uncommon, it is possible to modify the division of assets due to mutual agreement, but the more common cause of a modification is from the discovery of hidden assets. If a spouse deliberately hides significant assets, like a retirement or bank account, it may justify modifying the divorce agreement.
Strong Representation For Post-Divorce Modifications
Family court orders can be modified upon a substantial change in circumstances. Our attorneys are well-versed in California family law and the grounds for modification, such as:
- Petitions for sole custody or more parenting time
- Reversing primary custody, such as a teen who wants to live with the other parent
- Relocation by the custodial parent (court permission required to move 100 or more miles)
- Significant changes to the parenting plan (schedules, overnights, summer vacation, etc.)
- Increase in child support (new job or another change in income)
- Decrease in child support (job loss or medical issues)
- Termination of alimony (remarriage or cohabiting)
- Termination of child support at age 18 or graduation
Gerald Maggio and his team will explain where you stand and prepare you for your hearing to state your case for or against the modification. Custody modifications often merit a corresponding change in child support. We take a comprehensive view to make sure that any new arrangements reflect your children’s needs and your family dynamics.
Let’s Get Ready For Court
If you and the other parties are in agreement, we can draft or review the modification for approval by the court. If you are not on the same page, your dispute will have to be decided by a judge, or we could attempt a round of mediation to resolve disputes. Maggio Law is ready to assist when you are ready to move forward. We can respond promptly if your ex has already petitioned the court for a modification.