Divorce & Family Court Modifications
Get Help from Our Newport Beach Family Law Attorneys
Very rarely are the conditions of your life right now the same as what
they will be in a couple of years from now. Life is constantly changing,
and it changes substantially when a couple decides to divorce or dissolve
a relationship through annulment or legal separation. This change is felt
by the two parties and, most especially, the children.
The changes made during a divorce, and the conditions that are legally
stipulated in the terms of your
divorce, are designed to fit the needs of you, your ex-spouse and any children
that are involved in the process. These changes, however, do not always
apply to the circumstances of your life and that of your children in the
years following the original establishment.
Common Causes of Modification
Modification of court orders may be necessary for spousal support, child
support, child custody, and
visitation. The need for change can come about because of such circumstances as the
loss of a job, a change in a relationship, a new opportunity in another
city or state, or because one parent wants more time with their children
than was originally permitted in the divorce agreement that was settled upon.
Being able to respond to and accommodate changes that affect you and your
family's future is important. When children grow, ex-spouses marry
or move away to another state, or even another country, it is necessary
for your protection, under the law, to modify these changes legally in
order to create a divorce agreement that accurately reflects the current
circumstances for all parties involved.
Do I really need to go through the court?
Sometimes, with the idea of being thrifty or congenial, individuals may
feel that the relationship with their ex-spouse is so friendly they don't
need a formal change. It seems unnecessary. They grow comfortable with
the informal changes to custody or support arrangements and let them go
unnoticed without finalizing them in a court of law. This is fine until
tempers flare and old wounds are reopened. Parents may then find themselves
back in court with an angry ex -spouse who has now decided to punish them
for "violating the terms of the divorce." For this reason, it
is imperative to take the necessary steps to protect you and your children,
finalizing all relocation, custody, spousal or child support modifications
that need to be made.
Without the use of a skilled attorney, you may not be fully aware of the
depth of the options available to you in these circumstances. Did you
know that if an ex-spouse announces that they will be relocating out of
state with your children, for instance, the court can be petitioned to
prevent such a move? Or perhaps there is reason to modify the custody
placement or amount of visitation. The court can also address a request
to terminate child support when a child reaches emancipation or terminate
or reduce alimony to a spouse who has remarried or is cohabiting. These
and many more changes that are specific to your particular case may be
addressed, and they should only be done so under the legal guidance of
an experienced attorney.
Modifying Spousal Support Agreements
Divorces call for legal agreements to be made that will provide certain
guidelines by which each spouse is expected to abide in their post-divorce
days. The conditions of a divorce generally include if and how spousal
support will be applied, as well as how custody and support of children
will be applied for couples who have children. Generally,
spousal support is determined by looking at the financial stability of each spouse and
assessing whether or not one spouse may need monetary support in order
to live comfortably after the dissolution of the marriage has been finalized.
Spousal support can be temporary or permanent depending on the circumstances
involved; however, when these circumstances change, it may be necessary
to amend the financial support that is currently being paid. Whether you
no longer need the financial support being paid to you or the loss of
a job or something similar no longer enables you to reasonably make support
payments, legal professionals will need to be involved to modify the current
Modifying Child Support & Custody Agreements
One of the most important aspects involved in a divorce between parents
is that of
child custody and support. Determining which parent will be given the responsibility
of custody (if either parent cannot agree on custody distribution or one
parent is unfit for custody) is a sensitive topic. As such, it is an issue
that sometimes remains even after the court has made a legal decision;
when this is the case, one or both parents may later request a modification
to this agreement in order to better fit the needs of themselves and their children.
Child custody agreements often spark the need for
child support agreements, as it is unreasonable to assume that one parent will be able
to financially bear the responsibility of supporting the children on their
own. Child support will require that the non-custodial parent make payments
to the custodial parent in order to financially contribute to the care
of the children involved. When this support cannot be reasonably maintained,
however, the agreement may need to be modified to accommodate for the
financial wellbeing of all parties involved.
Get Help from The Law Offices of Marc E. Mitzner
In almost every circumstance, it is in your best interests, as well as
the best interests of your children, to secure the legal assistance of
a knowledgeable Newport Beach family lawyer who can help protect your
rights and provide the legal advocacy you need to pursue a modification
to a previously established divorce agreement.
Whether you are looking to cease payments that are being made to you or
you are no longer able to meet the financial responsibilities expected
of you, turning to an experienced attorney for help is the first step
that should be made. Instances that most often call for modification include
changes such as a pay raises or pay demotions, job promotions or job demotions,
higher expenses for the child (such as an unexpected medical expense),
job losses or job gains, or a change in the agreed upon parenting plan.
Changing circumstances deserve to be recognized and accommodated for in
your legal agreements, so
contact an Newport Beach family attorney to enact the process of making an official legal change as soon as possible.