In order for a divorce to take effect, the terms of a settlement agreement must be finalized. However, this does not necessarily mean that all terms of the settlement must be set in stone. In cases where there has been a substantial change in the circumstances of one of the parties, it may be possible to get a modification to the terms involving child support, spousal support or child custody.
Contact Charles D. Stark. As a Santa Rosa post judgment modifications attorney and founder of the law office of Charles D. Stark, Attorney and Counselor at Law, I have more than 40 years of experience handling family law issues. Whether you are paying or receiving support, or if you wish to seek a change in child custody arrangements, I can help guide you through the modification process.
Spousal and partner support orders can be modified upon a substantial change in circumstances from those when the order or agreement was made — unless there was an agreement to limit modifiability. However, if your ex achieves or enhances gainful employment, or fails to achieve expectations in the original court order or judgment, it may be possible to modify or eliminate an order for spousal support (maintenance or alimony). I can review your current situation and let you know whether you may be eligible to seek a change in your order for spousal support.
Initial calculations to determine the amount of child support are fairly cut and dry. However, those calculations are based on the parents’ current income and employment status at the time of the separation or divorce. As child sharing schedules change, the California formula for child support also changes. Given the uncertainties surrounding employment, it is possible that one parent may have experienced a significant bump or reduction in income, or may have lost a job altogether. When this occurs, I can help you pursue a modification to orders for child support.
There are any number of circumstances that may necessitate a change in child custody, visitation and co-parenting. Employment opportunities or a change in jobs may require one parent to move far away. Schedules may change as emotions fade and children age. A parent may be unfit to care for a child due to chemical dependency issues or a chronic illness. Whatever the case may be, I will work hard to help modify a custody plan so that it will serve the best interests of your child.
If you are seeking a change in child support, spousal support or child custody, I am prepared to help. Contact me , a Santa Rosa modifications lawyer, online or by phone at 707-527-9900 to schedule an appointment to discuss your situation.