La Jolla Divorce Modifications Attorney
Requesting a Change to Custody & Support Orders
At the end of the divorce process, our clients often feel relief that everything has been settled and they are ready to move on. However, certain changes in circumstances may require another look at specific aspects of a divorce agreement, such as child custody, child support, or spousal support. At Dan McCandless Law, APC, our La Jolla modification lawyer can advise you throughout the legal process and help you determine if a modification is possible in your situation.
If you have questions about modifying an existing order, call (858) 266-9171 to schedule a consultation.
Custody & Visitation Modifications
You can request a post-judgment modification of custody and visitation orders at any time. You must show that circumstances have significantly changed since the original order was finalized and that the requested custody change is in the best interests of the child.
Some common reasons for requesting a change in custody include:
- Evidence of physical or emotional abuse
- Drug or alcohol abuse from the custodial parent
- A change in residence
- A proposed long distance move for one parent
Just like in the original custody order, California courts always use the standard of what is in the best interests of the child when making changes in custody and visitation. Our La Jolla modification attorney assists clients in filing to modify child custody, visitation, and other aspects of divorce agreements. He can evaluate your situation and recommend the best way to proceed to help you achieve your goals.
Modifying Spousal or Child Support
It may be possible to modify child support payments after a divorce, if one or both parents have had a change in income. The modification may be sought to increase or decrease the amount of child support, depending on the circumstances and the reason or requesting the change. A big factor in securing a modification is whether the change in circumstances is temporary or permanent. Judges will often deny the request if the change is not significant, so it is important to get advice from an experienced family law attorney.
Reasons for changing a support order may include:
- Loss of employment
- An increase in the income of either parent
- The paying spouse was imprisoned
- A change in custody schedules
Spousal support modifications may be possible, but the process is not as simple as requesting a change. Some spousal support orders are not modifiable, as agreed in the original order. When an agreement allows for modification, you must show a substantial change in circumstances to have the request approved. The court may consider a variety of factors, such as the financial circumstances of both parties, unique financial needs, the standard of living during the marriage, employability, the health of both spouses, and the duration of marriage. Generally, the burden of proof is on the party requesting the increase or decrease in support.
A Boutique Law Firm Offering a Higher Level of Service
Our La Jolla divorce modification lawyer intentionally takes on a select number of clients in order to work through every aspect of each case and provide every client with a concierge level of service. You will have direct access to your attorney through every phase of the legal process and receive regular updates about the status of your case.
If you believe your original court orders need to be modified, call (858) 266-9171 to discuss your legal options.