Modifications

Modifications of Custody and Support Orders

In a divorce, the court will order a final settlement of how much child support and spousal support that one party must pay to the other. The court will also order a final custody agreement saying who has custody and how much visitation the other party has.

There is just one problem. Sometimes the final order is not really final.

Modifications, it has been said in legal circles, can be the friend of the so-called "deadbeat dad" and the enemy of the lottery winner. Anytime there is a significant chance in circumstances following a judgment, the order can be modified.

If you are considering requesting modifications of your family law judgment, you will want the benefit of a solid attorney's experience. The lawyers at the Law Offices of Gary W. Kearney can put their experience to work for you.

Changes of Circumstances

If a father loses his job, he can file an order to reduce his child support payments. Conversely, if he is hired as a bank vice president, his former spouse can file a request to increase child support payments. By the same token, if she becomes a substance abuser and the child drops out of school, the father can file an order to gain custody.

So a divorce is never actually final, in the pure sense. Almost anything in a divorce decree can be changed if there is a good reason. Property settlement is forever, or can be, unless one party has hidden assets.

Exceptions To The Rule

One exception is a situation in which a parent with custody of minor children agrees to receive less child support than is indicated under the Minimum Child Support Guideline.

When this happens, the custodial parent can later petition the court for a higher child support order; even if there is no evidence of that the other parent's income is greater.

Any Questions?

If you have questions for a family lawyer about modifications to your settlement, we want to hear them at the Law Offices of Gary W. Kearney. So call, fax, or e-mail us. An online consultation form is also available.


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The Law Office of Gary W. Kearney serves clients in eastern Los Angeles County, including the cities of Pasadena, South Pasadena, East Pasadena, Burbank, Altadena, San Gabriel, East San Gabriel, Sierra Madre, San Fernando, Arcadia, San Marino, Monrovia, Glendale, Alhambra, and La Canada

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