post-divorce modification

When a client is no longer able to meet spousal or child support obligations due to a change in circumstances, or one former spouse is now earning a higher income than he or she was at the time of their divorce, it is possible to seek a post-divorce modification. 

My firm, Law Offices of Laura L. Westray, is focused on providing comprehensive services before, during and after a divorce. Contact me, a Redondo Beach post-divorce modification lawyer, with more than 30 years of experience, to schedule an initial consultation. My goal is to ensure protection of my client’s rights and services as we work toward achieving his or her goals. 

It is very common for circumstances to change after the conclusion of divorce proceedings. When this happens, post-divorce modifications are often necessary to equitably adjust court orders regarding child custody and visitation, child support and spousal support.

For example, California’s recent statute effective as of January 1, 2012 requires the court to allow children age 14 or older to state his or her preferences regarding which parent has custody. In another, related example, a California law effective as of January 1, 2011 provides for full evidentiary hearings for family law matters on the same evidentiary level as criminal, civil and personal injury matters. If a person does not feel as if they were heard in their family law proceeding done prior to 2011, they may be able to take advantage of this full evidentiary hearing in seeking a post-divorce modification.

To seek a modification of primary child custody and visitation, a parent is generally required to show a change in circumstances since the initial child custody orders were made.  In cases where parents have joint physical custody of their children, the court does not require a change in circumstances to consider adjusting the custody arrangement and will only consider the best interests of the child.

Note that child support may always be modified depending on a change to any or all of the factors that go into its calculation:

• Timeshare of children
• Changed income, including bonuses and commissions that were not originally taken into account
• Purchase of new home that would result in an increased tax write-off, thereby increasing income available for support
• Birth of children with another party
• Change in childcare expenses, including healthcare expenses

A computer program is used to calculate the amount based on the above factors and numerous others that may be relevant. Generally, two parties may agree to a post-divorce modification on their own, with a stipulated agreement. If the parties disagree, the court may order the new amount.