Modifications Of Orders

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Modifications Of Orders

Modification Of Orders

When your current situation and the provisions outlined in your divorce decree (final court- issued divorce order) no longer align, it is time to consider the legal option of divorce modification. In San Diego, many people get their divorce order modified for various reasons, such as changes in parenting time arrangements or changes in their financial circumstances.

At Moshtael Family Law, our San Diego divorce modification attorneys can provide trusted legal counsel and assist you at every step of the modification process. We will ensure that the final outcome turns out in your and your family’s best interests as far as possible. Our attorneys can help you with:

  • Spousal support modifications
  • Child custody modifications
  • Child support modifications
  • Visitation rights and parenting time modifications

No matter how minor or how significant the changes you wish to make to your initial divorce decree, you can rely on the dedicated legal representation of our divorce modification lawyers at Moshtael Family Law. We understand how emotionally and financially stressful a divorce can be, and our attorneys are compassionate while handling these cases.

We aim to take the burden off your shoulders and work with you to ensure you get the most desirable outcome. If you want to file a modification request and need expert legal assistance, schedule a free consultation with our San Diego divorce modification attorneys today – someone who has been through the legal battlefields before and knows how to survive in severe situations.

Filling Options for Modification of Orders

Parties can pursue divorce modifications in two ways: by modifying a judgment or modifying a divorce agreement. In either of these cases, we strongly recommend that you seek the advice of our experienced modification lawyers to initiate these changes.

Filling through a San Diego Court

This process is relatively more time-consuming and intricate, and the ex-spouses should work with our knowledgeable attorneys to meticulously submit and file all the required paperwork. The judge in San Diego will grant filing for divorce modifications only if one of the parties can prove to them that the judgment passed previously was either in bad faith or inaccurate. The appellate courts will peruse the collated records from the court where the original trial occurred. This method helps reaffirm whether the decree judgment was accurate and applied, as it should be.

Modifications through Divorce Agreement

Modification of orders through divorce agreements is relatively simpler exercise. It is possible to request a divorce modification if new circumstances in the co-parents' lives might affect their children. For example, circumstances such as children requiring special care, the parent or child suffering disability from an accident, or the parent losing a job can be legitimate reasons to get a post-decree modification to the child support order.

Our San Diego divorce modification attorneys will evaluate your case and help you determine the best legal approach. Child support can be adjusted to either increase or decrease the monthly payments, while alimony order modifications can establish new terms for spousal support that both parties agree upon.

Modification of Child Custody and Visitation Orders in San Diego

You can modify child visitation and child custody arrangements when it becomes necessary. The San Diego family court might deem the modification "necessary or proper" if it's in the child's best interest. If a non-custodial parent seeks child custody modification/visitation rights, they must prove to the court that there has been a “significant change in circumstances.”

Some of the grounds for seeking a change in custody order in San Diego include:

  • Changes in a co-parent’s work routine
  • The co-parents have developed a more cooperative relationship
  • There is a change in the child’s needs or preferences
  • One of the parents is negligent in things like dropping the child off at school on time or providing diligent care when the child is unwell
  • A ‘move away’ situation where one of the co-parents seeks to relocate at a distant location from where the child resides

Our San Diego divorce modification lawyers at Moshtael Family Law can help you with the custody agreement and visitation schedule and prove that your kid should spend less or more time with their other parent. Schedule a free consultation with one of our accomplished and pivotal attorneys today to learn how we can help.

Modification of Child Support Orders in San Diego

In San Diego, child support calculations follow a statutory formula. So, any child support modification requests must be supported by evidence of a significant change in circumstances. One of the exceptions is when the current child support amount calculated for the parents is lower than the "guideline" calculation, but this only happens in a few specific situations. Some examples of changed circumstances that may warrant a motion to modify child support in San Diego are:

  • A change in one/both parents’ income
  • A parent’s loss of their job
  • A parent’s imprisonment (subject to some exceptions)
  • A parent has a child from another relationship
  • There has been a modification in a parents’ custody order
  • There has been a change in the child’s financial needs regarding education, child care, or health care
  • Changes in the factors used in child support calculations under state law

Modification of Spousal Support (Alimony) in San Diego

Either spouse has the right to request a modification to the order for spousal support from the family court in San Diego. Pertaining to this, the courts require a valid justification for the amendment. Our divorce order modification attorneys can prepare the necessary financial documents as evidence to justify your request for alimony modification.

While retirement or loss of job of the paying spouse are common occurrences that may provide grounds for modifying alimony, these are not the only scenarios where a San Diego judge may approve a request for a spousal support modification. The courts will review any grounds presented by either spouse, but most changes typically fall into a few common categories, which may include:

  • The paying spouse experiences a significant, temporary, or permanent decrease in income
  • The receiving spouse no longer requires spousal support
  • The receiving spouse remarries
  • The paying spouse is incarcerated
  • The receiving spouse is not making a “good faith” effort to become self-supporting
  • Either of the spouses misrepresented income/assets that would affect the spousal support order

The spouse seeking the modification order must present evidence of the change in circumstances before the judge. As with child custody and child support, it is best to consult with our knowledgeable family law attorneys in San Diego to explore your legal options and prepare strong evidence before seeking to modify the order to pay or receive child support.

What Constitutes a “Significant Change in Circumstances” in San Diego Divorce Modification Orders?

You will have to show a "change of circumstances” to effect any modifications to an existing order in a San Diego family court. The judge may modify a child custody order for various reasons. Some examples of child custody issues include the following:

  • The ex-spouse is living with another person or has remarried
  • The primary custodial parent isn't providing sufficiently for the child's needs
  • The parent is unable to provide a safe environment for the child
  • The parent is unfit/is unable to care for the child due to mental or physical illness
  • The child is being abused by the parent or someone living in the home
  • The parent has become addicted to alcohol or drugs,
  • The primary custodial parent moves very frequently
  • The parent has relocated to a place very far from the non-custodial parent
  • The parent is unable to provide financial support, as they have lost their job
  • The child is now older and can have a say in custody preference.

Some examples of spousal and child support issues include the following:

  • There has been a change in either of the parents' income
  • Either of the parents has lost their job
  • Either of the parents becomes incarcerated
  • Change in the amount of time a child spends with a parent
  • Either parent is physically unable to work or retires
  • The receiving spouse makes no efforts to become self-supporting
  • There are changes in expenses, including rehab or medical costs
  • A parent cohabitates with another person or gets remarried
  • A child's needs, such as health care costs, have changed

California Family Code Sections 4320 and 4053 state that a court can order spousal and child support based on guideline calculations. The courts in San Diego will typically permit spousal/child support modification if the changes align with these calculations.

How to Get Your Modification Order Approved in San Diego

Getting a modification order to a judgment requires careful planning and a well-thought-out legal strategy. Take the following steps to increase your chances of obtaining a modification order in San Diego:

Consult a Family Law Modification Attorney

It’s best to seek the assistance of a qualified and experienced divorce modification lawyer to defend against a modification request or obtain the desired modification order. You must ensure that the attorney you work with has a solid understanding of family law and is familiar with the divorce order modification issues involved.

Modification of orders in San Diego involves a complex set of laws and precedents and often requires you to prove that circumstances have changed significantly. Sometimes, past examples may have a direct bearing on your current request for modification. When you engage our skilled and prolific San Diego attorneys at Moshtael Family Law, we’ll provide you with the most legally astute representation while never allowing any of the factors to fall by the wayside.

Prove Your Change of Circumstances

To avoid the rejection of your motion for order modification, you must demonstrate a substantial change in circumstances. You should provide a thorough and detailed account of the changes that have occurred since the prior order or decision, and they must be "significant" enough to warrant an order modification.

For instance, if you received a child custody order a few months ago and there have been no notable changes in your or the other co-parent’s situation, the judge will likely decline your request for modification to the terms of custody or visitation.

Prepare Your Request for Order (RFO) Pleadings

Giving significant attention to your Request for Order (RFO) pleadings is crucial. Before submitting an RFO, make sure that the state law permits the modification and that your lawyer’s arguments accurately describe the applicable legislation to the court. Additionally, you must legally serve the previous orders and provide an affidavit stating the required modifications.

Court Preparations

You'll be given a court date if you make an order request. It's important to arrive prepared for the court date per your lawyer's advice and guidance. Our San Diego divorce modification lawyers will assist you in responding to the opposing party's arguments on your behalf.

Get Legal Representation from Experienced San Diego Divorce Modification Attorneys

At Moshtael Family Law, we are dedicated to addressing our client’s San Diego modification of order requirements. You can rest assured that our family law attorneys will always remain focused on yours and your family's best interests and provide committed and professional legal support.

Our priority is to resolve divorce modification issues outside of the courtroom, and we utilize our exceptional negotiation skills to achieve favorable outcomes. We have over 185 years of collective legal experience and offer peerless legal counsel in all family law cases. With our deep knowledge and experience in handling divorce order modification matters, you can rest assured of the best possible outcome under the circumstances.

Our San Diego divorce lawyers will keep you informed throughout the modification process and consult with you for every important decision. With our legal team on your side, you will have peace of mind that your case is in the best hands. To request a free consultation, call our attorneys at 619-639-9898 or write to us online.

Please call or contact our office online to arrange for an appointment about your case today.

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