Los Angeles men and women face a new set of rules after divorce: guidelines that define the way you interact with your ex-spouse, children, and property. It’s important to follow these rules, but if your circumstances change, you may need to alter them. This is called a post-judgment modification, and working with a family law specialist can improve your chances of success.
As a 26 yr divorce attorney , Los Angeles clients often come to me with questions about modifying a court order. Commonly, they want to change the terms of their child custody, child support, or spousal support.
If you are considering this type of court order modification, it’s important for you to know right away that the court will only consider changing these provisions if there has been a significant change since they were put in place.
What’s “significant” in a Court Order Modification?
An example: If you are the custodial parent and you make plans to move away from the city with the children, you may face restrictions. Your ex-spouse may have rights to visitation that would be disrupted if you move.
Another example: you may have been paying spousal support for years. However, if you lose your job, you may be unable to pay the same level of support. This type of major change in income may warrant a modification.
While working with a family law attorney is a good idea, you don’t always have to go to court. Los Angeles County judges would rather see parties work out their issues with their lawyers through mediation. As an attorney, I encourage my clients to use a voluntary settlement process to make changes to orders. If this doesn’t work, we can look at options for litigation.
Whichever approach we use, it is important for both parties to stick with the terms of the original order until it has been changed. Violating it can have drastic consequences, especially if the case goes before the court. Talking with a certified California Family Law Specialist like Charles M. Green, will help you explore your options for an expedient resolution.