Everything changes after a divorce. Your entire life is going to be different, and you really may not have any idea what to expect. Because things can be so uncertain, there may be times when you will need to revisit the agreements made during your divorce due to a significant change in circumstances.
These post-divorce modifications are not always possible, so you should seek the assistance of a qualified San Diego family law lawyer to learn more about your options. At Contreras Law Firm in San Diego, we represent clients on both sides of post-divorce modifications. Whether you are the party seeking the modification or the party wishing to challenge one, our attorneys are prepared to provide the representation you need.
Is Modification Possible In Your Case?
Most modifications require careful analysis to determine the best approach to take in a given situation. Four main issues are resolved as part of a divorce that often become the subject of a post-divorce action:
- Child custody modifications — A custodial parent may need to relocate to another city or state, demonstrating a significant change in circumstances. Or something else may have changed to warrant changing custody orders.
- Child support modifications — A parent may have changed jobs, leading to less income available to meet existing support awards.
- Spousal support modifications — There may have been a remarriage or adjustment to a person’s income that requires alimony payments to be reduced or ended.
- Property division modifications — Courts in California are hesitant to revisit property division agreements absent a showing of fraud.
If you believe you need to modify your divorce decree, do not hesitate to contact the San Diego post-divorce modification attorneys at Contreras Law Firm to determine the options available to you.
What Can and Can’t Be Modified?
The divorce process creates agreements that lay out how your future will look, but sometimes, one or both parties want to make changes.
Custody, Child Support, Spousal Support, and Visitation Can Usually Be Modified
Court orders that involve children or continuing support aren’t set in stone. If either parent’s finances change, a child’s needs shift, or there’s a significant impact on a family’s daily life, you can usually ask the court to reconsider arrangements for child custody, child support, spousal support (alimony), or a parenting-time schedule. Even if both parents are in full agreement, all changes must receive a judge’s approval to be fully official and legally enforceable.
Property Division Cannot Be Modified
Asset and debt division at divorce is designed to be permanent. In nearly all cases, once property distribution has been entered as a judgment, it is not subject to change. Efforts to revisit property awards or divide things differently after final agreement are highly limited exceptions, reserved for evidence of fraud, hiding assets, or serious mistakes.
What is the Modification Process?
If a major life change or new concern surfaces after your divorce, you may need to update custody, support, or visitation orders. Modifying these agreements takes a few steps that you should be aware of.
Determine If a Modification Is Possible
First, you need to figure out whether your situation legally qualifies for a change. California law often requires proof of a “material change in circumstances,” such as a significant job loss, change in a child’s needs, major health development, or the relocation of a parent. Make sure your change is more than just a minor disagreement with the existing orders or a preference for something else.
Speak With a Lawyer and File the Motion
Before you take any action, it’s smart to consult with an experienced family law attorney to better understand your options. Your lawyer can help draft the required documents and file a formal motion with the court requesting the modification, ensuring that your petition meets all legal requirements.
Negotiate
Even though you’re in court, negotiation still plays a big role. Many cases are resolved through discussions between both parties (and their lawyers). If you and your ex-spouse can come to an agreement, you can present the change to the court and see if they will sign off on it.
Attend Court Hearings
If you and the other party can’t agree on new terms, you’ll go in front of the judge. Each side can explain their perspective, present evidence, and bring in witnesses. The court will then make a decision based on the new circumstances and what it determines to be in the best interest of your child.
What is Considered a “Change in Circumstance?”
When you want to change court orders for child support, custody, or spousal support in California, a judge will first look to see if there’s been a “change in circumstance.” This means some major life event or substantial shift that’s different from when the original order was made. Here are some common examples California family courts take seriously:
Changes in Employment
If you or the other parent lose a job, receive a significant pay cut or promotion, or start a new, better-paying job, it could qualify as a legitimate change in circumstance.
Changes in Wealth or Assets
Any sudden financial windfall like an inheritance, major gift, or a big profit from an investment may affect your ability to pay or need support. The same is true of major unforeseen losses.
New Children or Family Obligations
When the support payor has new children from another relationship, the court may allow them to petition for a modified (lower) child support amount to make financial support of all their children more balanced.
Health and Disability Changes
A new illness, diagnosis, injury, or any lasting condition that affects how parties can support themselves is often a change that is brought up in court.
A Change in a Child’s Best Interests
Custody changes or parenting plans can also shift due to developments in a child’s life. For example, if a child’s needs evolve as they enter new school settings, they develop a mental or physical condition, their safety is questioned due to credible abuse allegations, or they face other major adjustments, this could qualify as a substantial change in circumstances.
The most important aspect is that the outcome is in line with the child’s best interest.
Schedule Your Free Consultation With An Experienced San Diego Post-Divorce Modification Lawyer
Our San Diego post divorce modification attorneys have decades of combined experience handling family law issues and can provide you with guidance on how to petition the court to modify the divorce agreement. To schedule your free consultation, call (619) 238-0616 or send us an email.