Divorce Modification
Divorce Agreements can often be modified after the divorce is final. The conditions under which this may occur is well defined by the family law in California. Omission of an asset from a property settlement, the financial condition of a spouse or actions of a parent may be cause to modify the agreement.
Modification of Spousal Support
Spousal support modifications can be made during the period of the courts jurisdiction if there are no agreements to the contrary. In marriages of long duration, generally 10 years or longer, this may continue indefinitely. In either case amounts accrued prior to filing a motion are not subject to modification. If the support order was issued in another state the California courts have no jurisdiction.
Spousal support modifications where the court still has jurisdiction may be granted only if the party seeking the modification can show a material change in circumstances since the last order. In determining if a change is warranted the court will consider the same factors as when a spousal support order was issued.
Modification of Child Support
Child support modifications, as with spousal support, require that there be a demonstrable change in material circumstances. However, the courts authority is more enduring than in spousal support matters and also limits the ability of parents to make separate child support agreements. The statewide uniform child support guideline must be conformed to when any modifications is considered. As such they are modifiable when the existing order does not match the current formula and standards for support subject to minimum requirements.
Modification of Child Visitation
Child visitation modifications can be justified by a wide variety of circumstances. Changes in the children’s activity schedules, the parents work schedules or perhaps relocation can make compliance with the original order difficult or impossible. Changes in the suitability of a parent is a serious issue that affects the welfare of dependent children. Engagement in activities considered to endanger the children are considered subject to verification of any allegations as to a parents character. Similarly, rehabilitation can be grounds for reinstating visitation or custody rights.
Divorce agreement modifications can be complicated, particularly if they are an issue of contention between the parents. When disputes occur you want to be sure you have covered every eventuality to avoid revisiting the issue, and often the courthouse, when the proper counsel can guide you through to you modified agreement. With 30 years of legal experience, Attorney Elizabeth F. Courtney has extensive experience with every aspect of family law in California. Contact Elizabeth F. Courtney today.
Elizabeth F. Courtney
909.946.7270
489-A N. Central
Upland CA 91786
Los Angeles Superior Court - Pomona Courthouse South
San Bernardino County Superior Court - Rancho Cucamonga Courthouse
