Modifying Divorce Settlements in Orange County
You may have already gone through the whole process with a mediator and/or
in a court to determine the best arrangement for your family, but situations
change. Either you or your ex-spouse may have lost a job, the child may
have grown and require a different parenting plan, or one of you desires
to relocate. There are numerous reasons why your current parenting plan,
spousal support, or
child support arrangements may now be inadequate or unfair. California courts are rather
understanding about the many valid needs for change, so filing a motion
is easy enough, but you certainly will want legal assistance to aid you
through the whole rigmarole of establishing legally binding agreements,
especially if this means going through court again.
How can I change my parenting plan in California?
If you feel that the current child custody arrangement is unfair to your
child, then you will need to file a motion with the court and establish
that there has been a change that calls for a modified parenting plan.
For example, as a child gets older, he or she may have different needs,
or the child's emotions or ability in school may be adversely affected
by the current setup. One or both parents may want to
relocate, a parent may fail to hold up an end of the agreement, or one parent may
have a new significant other who is causing trouble. In the case of a
parent wanting to
move away with a child, it must be shown that this move would greatly benefit the child.
Demonstrating a need for custody change is simple enough; it is resolving
the issues that can be costly both emotionally and financially. These
are touchy subjects that affect
father's rights, and perhaps
grandparent's rights. You want this matter handled quickly and amicably to help your family
determine the best arrangement of
child custody. Experienced and caring family lawyers can help you find an optimal resolution.
How can I modify spousal/child support payments?
Changing Spousal Support
If you need to
change spousal support, then either both parties can sign a modified agreement to present to
a judge, or a motion can be filed to have the matter dealt with in court.
Some reasons why you may be able to change spousal support include:
- Job/income loss from the paying spouse
- Remarriage of spouse receiving support
- The spouse receiving support failed to act in good faith toward reaching
If there is a valid reason to change spousal support, then you if you need
to get a court hearing, you will need to fill out a form to get started,
and then you will have to fill out further forms, working with court clerks,
then serving your papers on your former spouse. In court, you will need
proof of income and circumstance changes. If you no longer need spousal
support or cannot afford to pay the full amount anymore, then you should
get help from an experienced spousal support lawyer who can smooth out
Changing Child Support
modify child support, you will need to prove a change in circumstances, unless the child support
that was agreed upon or court-ordered is not according to the guideline
amount. Some justifications for changing child support include income
change for either or both parents, job loss, or incarceration of a parent.
If the time spent with each parent has been altered for the child, or
a parent now has a child from a different relationship, these are also
factors that can affect child support.
If both parties can agree, then they can sign the new arrangement and bring
it before a judge to sign. If no written agreement can be reached, then
a motion must be filed with the court requesting a modification. Support
changes can only affect from the day of filing, so the longer you delay,
the more you will have to abide by a support setup that no longer works.
It is important to act as soon as possible, and to have knowledgeable
legal counsel to ensure that your family's best interests are being
Find Reliable Counsel from a Mission Viejo Divorce Lawyer
When it comes to determining these important issues that affect you and
your family, it is vital that you have legal counsel to help you ensure
that your family's rights are safeguarded. At
The Hunter Law Group, we are committed to finding the best arrangement for your family. If
that means current plans need to change, then we can help successfully
guide you through the legal paths to achieving that optimal solution.
We have over a decade of experience in divorce law that we could put to
work for you. To find out more about how we can help you, fill out a
case evaluation and
contact our firm today!