Solana Beach Modifications Attorney
Post-judgment modifications can be challenging following a divorce. Circumstances can change, and sometimes the orders handed down when the divorce is granted need to e reevaluated. If you have modifications that you would like to present to the court, a Solana Beach modifications attorney from Ratzer | Dobis can help you create a proposal to accommodate the changes you wish to enact.
Reasons to Modify a Divorce Decree
When one or both former spouses’ circumstances change significantly, compliance with the original orders of the divorce may be challenging. The following modifications may apply:
- Spousal support, also known as alimony, can be modified.
- Child support modifications may also be in order.
- Child custody orders and visitation orders can be modified as well.
These significant changes could be due to increased healthcare costs, the added expense of raising children, losing a job, the other parent’s lifestyle having become unsafe or detrimental to the well-being of the child, the other parent living with a new significant other, or relocations due to career changes. Sometimes, a suspicion that your former spouse’s new significant other is abusive could warrant a change in circumstances as well.
The best interest of the child is at the heart of all decisions that are made by the court when modifications are requested. The court’s job is to advocate for the child’s best interest.
Grounds for Modifications in California
When circumstances change, court orders may require modification. Until the modifications are approved by the court, you must continue to honor the original order. An experienced Solana Beach modifications attorney can help you obtain the modifications you require.
The Duration of Support Can Be Modified
The court may need to modify the duration that spousal support is paid if there has been a significant change in circumstances. California Family Code § 4320 outlines the factors that will be considered when making changes.
Spousal support is typically awarded to the spouse who needs more financial support. It is usually provided for a period of time that allows them to regain their independence. This is usually for half the length of the couple’s marriage if the marriage is shorter than ten years. Arrangements like this allow time for the spouse with less financial independence to become self-supporting.
California courts may extend the time allotted for spousal support to an undefined time for those whose marriage lasted for a duration longer than ten years. Spousal support can be modified if the spouse is not able to support themselves in the determined amount of time that was originally decided, and they need more time to find gainful employment. It may also be tweaked in the other direction if the spouse has begun to make more money or has come into money suddenly.
Support Amount Modification
Upon divorce, the amount of spousal support the court ordered can be modified under particular circumstances. For instance, retirement can mean a decrease in salary, so because of the reduction in income, the amount of spousal support can also be adjusted.
While modification might happen if there is reduced available income, if a windfall happens, and someone hits the jackpot in Vegas or inherits a bundle from an older relative, the spousal support order may not necessarily entail modification.
Get in Touch Today
If your circumstances have shifted and modifications need to be implemented to your visitation and custody rights or your financial situation, speak to a Solana Beach modification lawyer with Ratzer | Dobis about how to best meet your current needs. Our team is skilled at analyzing, investigating, and developing a strategy to make a modification order work for you