Oceanside Modifications Lawyer

Oceanside Modifications Attorney

During the divorce process, many decisions must be made regarding how assets will be split as well as how parenting time will be divided. There are times, however, that even though the divorce agreement has been made and finalized, that changes are necessary. When this happens, the couple needs the assistance of an Oceanside modifications lawyer.

Modifications are common because of changing life circumstances. In the case of child support, both the person receiving the support and the person paying the support are able to make a petition to make changes. A child support attorney is invaluable in these situations.

After a family court settlement has been made, it’s essential to work with a modifications lawyer as they can help you make a legal modification case against the original court order. Modifications are made in order to meet the current needs of your family.

How a Modifications Lawyer Can Help You

In order for a modification request to be made, particular requirements must be met. Trying to meet these standards without the help of a lawyer can be difficult, as you likely will not know all of the legal requirements. A modifications lawyer can assist you by helping you gather all the necessary paperwork, file this paperwork, and understand the intricacies of your situation.

They may also serve your former spouse with any legal paperwork and negotiate terms with them. A lawyer can also put together your case in the event that it goes to trial. Finally, they can also settle your case in court.

Achieving success in being awarded a modification in an original court order means that your lawyer has created a persuasive case, proving that these changes that you are requesting are vital to meet your family’s needs and for the well-being of the child.

Post Judgment Motions

Modifying a court order is sometimes known as a post-judgment motion. This is because you are making changes to an order after a final judgment has been made to a divorce agreement, child custody agreement, or child support agreement. If you are seeking to change something concerning the divorce agreement or enforcing your parental rights and responsibilities, then a post-judgment motion is a wise legal step to take.

It is possible to create a new agreement between the former spouses, which would prevent the former couple from having to appear in court. This can save the couple time and money; however, it would not be done as efficiently without the assistance of a lawyer. After an agreement has been created, it must be submitted to the court, and a judge will approve it.

There are two kinds of post-judgment motions that you can file:

• Motion to modify: This is the motion made in the event that alterations must be made to a court order.
• Motion for contempt: A motion that can be filed if the other person has not achieved what they agreed upon in the court order. This motion will help enforce the court order and sentence criminal charges, if applicable.

These motions can be made for you as a means of making changes to your original court order. While they may be a good option for you, there are also other modification routes you or your former spouse could take. There are a few motions that can be filed to make alterations to your final judgment, such as:

• The motion for a new trial to take place or for reconsideration. This is a motion to use if you believe that an error has been made by the court.
• Placing aside the court’s previous decision, declaring that an error was made due to false information, under distress, or by accident due to the actions of one party.
• A motion for vacating. This would occur in the event that there is a conflict between the ruling and the reasoning of the court.

Post-Judgment Modification Procedures

If you wish to file a post-judgment modification, it is essential to follow the proper procedures. First, you’ll need to present a Request for Order (RFO), which notifies the court of the changes you wish to make to your court order. You will then file a declaration, which is simply a document that includes all of your reasoning for requesting these changes.

Gather all necessary evidence to prove why you need these changes, such as medical records, financial statements, and any other documents that prove changes in your circumstances. Lastly, the other party involved must be notified of your modification request, giving them a chance to reply.

Divorce Decree Modifications

After the finalization of a divorce settlement, it may seem like making changes to that settlement is impossible. However, this is not always true. There are two ways that a divorce settlement can be modified. First, an appeal must be made to the California District Court of Appeals. Second, a motion must be filed requesting a modification of the details of the decree.

These appeals are typically approved only if an individual is able to prove that the superior court made an error in the original settlement or it was made regardless of the fraudulent actions of one party. These fraudulent actions could include hiding assets in order to keep them from being divided between the couple or lying about one’s health.

If an appeal is not in one party’s interest, it may be better to seek modification of certain terms or all of the terms of the divorce decree. This may be easier than seeking an appeal and can also save you time and money. Modifications for divorce settlements are usually sought out due to changes in alimony payments, child visitation or custody, and child support payments.

Modifications that are requested for details of the divorce decree can sometimes be temporary or permanent changes. It can also result in completely new terms in regard to child custody or child support. If one spouse suddenly needs spousal support, then alimony payments can be arranged.

Custody Modifications

If you are a parent, then you understand the importance of making the right choice for your child. Sometimes, this means changing custody agreements if one parent’s home offers an unsafe environment, if one parent moves, or if the scheduling arrangement no longer works for the family. Having a lawyer to prove the necessity of making changes to the agreement is essential.

There may be several reasons to request modifications to keep the child safe, happy, and healthy. Some of these reasons include:

• The age of the child
• The relationship of the child with their parents
• Length of time spent with parents
• If there is any abuse that has occurred within the family
• If both parents are able to care for the child
• The home environment that the child lives in
• The kind of schooling the child receives

There are also many reasons that a court will determine a modification is needed. They will make this judgment based on several factors, such as:

• One former spouse enters into a new marriage or a domestic partnership
• The primary parent is physically or financially unable to care for the child
• One parent is not providing a safe place for the child
• The inability to care for the child due to an illness
• There is abuse within the family
• One parent is abusing drugs or alcohol
• The primary caregiver constantly moves

Visitation Modifications

Visitation rights are created so that parents can split the time that a child lives with each parent. These visitation rights include determining where the child will spend holidays, summer schedules, weekends, and particular days of the week. Visitation schedules may need to be modified in the event that a parent’s schedule changes or the child’s needs change.

Child Support Modifications

In the event that one parent needs more financial assistance due to a child’s needs changing, a child support modification may be necessary. Other reasons for requesting a modification include a change in a parent’s income, one parent is suddenly unable to work or retires, a significant change in child custody occurs, or one parent is put in prison.

Consider that child support payments still must be paid even when drastic changes arise. They will not be altered or terminated unless you file for a modification. While it is common to modify child support payments, having a support attorney to help request modifications makes a great difference.

Alimony Modifications

Changes to alimony, or spousal support, may be necessary in the event that one former spouse has lost a job or has a sudden high net worth. A change in marital status can also affect spousal support. For example, if one ex-spouse remarries, then the other may no longer be required to pay alimony.  In all of these circumstances, alimony modification or termination may be needed.

Consult with an Oceanside Modifications Lawyer

When a couple chooses to divorce, there are decisions that must be made regarding marital property, assets, and custody of children. Because life is often changing, it is common for divorce agreements and other court orders to be altered. In the event that this takes place, an Oceanside modifications lawyer is helpful. Contact Paula D. Kleinman, A Professional Law Corporation, for assistance with your case.