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In a divorce, the court will order a final settlement of how much child support and spousal support one party must pay to the other. The court will also order a final child 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. Any time there is a significant change in circumstances following a judgment, the court 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 Kearney | Baker can put their experience to work for you.
Do you need a knowledgeable family law attorney’s advice as you seek to modify a court order? Call us at our Pasadena, California, law offices, toll free today at 866.859.1507 to schedule a consultation.
If a father or mother loses his or her job, that parent can file an order to reduce child support payments. Conversely, if he or she gets a better job, the former spouse can file a request to increase child support payments. Similarly, if either parent becomes a substance abuser and the child drops out of school, the other parent 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.
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 that the other parent’s income is greater.
Another exception is division of property agreements. Property settlement is forever, or can be, unless it turns out that one party had hidden assets. For advice on revisiting a property division agreement after hidden assets have come to light, contact us at our law offices in Pasadena. Modifications? Lawyers at our firm can take your case toappeal if we believe your case has a good chance of winning.
If you have questions for a family lawyer about modifications to your divorce settlement, we want to hear them at Kearney | Baker. Please contact us to schedule a consultation. An online consultation form is available for your convenience.