As the years go by, children undergo a lot of changes: different schools, new interests and engagement in activities that may affect a crafted parenting plan. Parents may also undergo changes like career moves, new relationships or relocation. All of these factors may require a modification to your child custody, visitation, child support, or spousal support orders.
Our post-divorce modification attorneys at Moore, Schulman & Moore, APC, can help guide you through the process of modifying a family court order. With decades of divorce and family law experience, we have helped hundreds of people revisit their orders and successfully request modifications of the terms. We always have the best interest of your family in mind and we will skillfully litigate your case in court to assert your rights.
Request an Initial Consultation by Calling (858) 492-7968 Today. We Serve Del Mar and All of San Diego County.
What Counts as a “Change in Circumstance?
To seek modification of a Family Court order, a "significant change in circumstances" must be shown. Any life event that affects one or both party's ability to comply with a custody, visitation, or support order may qualify as a "change in circumstance."
Examples of a significant change in circumstance include:
- Loss of a job or a significant reduction in pay
- Changes in the custodial parent's ability to care of the child
- Relocation of the custodial parent (especially long distances or out of state)
- Remarriage of the custodial parent
Modification of Child Custody in San Diego
Modification of a child custody order can be issued if the custodial parent is no longer able to take proper care of the child; if the custodial parent has to relocate due to a change in circumstance; if the the non-custodial parent has reason to be given joint custody rights; and more. Modification of custody can be sought whenever it is "necessary and proper" to serve the best interest of the children.
Our child custody modification attorneys are experts in child custody and visitation disputes and can develop strategies to help you resolve your custody issue.
Modification of Child Support & Spousal Support
Modification of a support order can be issued if there is a significant change in circumstance affecting:
- The child's basic necessities
- The supporting party's ability to pay
- The receiving party's income
For example, if the party that has been ordered to pay support suffers a pay cut, then they may be able to get the support order modified to an amount they can afford. Similarly, if the custodial parent remarries and their household income increases significantly, then the non-custodial parent could request to pay less child support. A custodial parent may also be able to get a child support order modified if the needs of the child increase due to a change in the child's circumstance, such as the development of a health issue or approved relocation to an area with a higher cost of living.
Opposing Modification Requests
If you find yourself in a situation where your ex-spouse is trying to litigate unreasonably, our lawyers can help provide vigorous representation in court to defend your reputation and preserve your rights. Get extraordinary representation for post-divorce modification disputes in San Diego with our Certified Family Law Specialists who have decades of experience with the goal of getting the best outcome in the most cost-effective manner.
Modifying a Prenuptial or Postnuptial Agreement After a Divorce
Even after a dissolution of marriage becomes final, circumstances may change and both parties may want to modify or set aside a court order. If this is the case, you likely need to draft a post-divorce agreement. If you or your ex-spouse's circumstances have changed in some way, we can advocate for your best interests in the court's modification of orders or help you come to a settlement with your ex-spouse that is in your best interest.
Just like prenuptial agreements, post-divorce and postnuptial agreements must be negotiated and drafted with the guidance and care of an experienced lawyer. If you need a quality attorney to draft a postnuptial agreement of any type, we are ready and willing to help.
Move Forward With Your Modification Case – Contact Us Today!
Certified Ten of our attorneys have earned the distinction of certified family law specialist.
Equipped Skilled in litigation and mediation, we are prepared to handle any type of divorce.
Attentive We respond quickly to clients and ensure they are always informed about their case.
Seasoned Our professionals have more than 200 years of combined family law experience.
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David Schulman Founding Partner & Board Certified Expert in Family Law
Erik Moore Founding Partner & Board Certified Expert in Family Law
Jeremy Boyer Partner & Board Certified Expert in Family Law
Lauren Schmidt Partner & Board Certified Expert in Family Law
Julie Westerman Partner & Board Certified Expert in Family Law
Kevin Polis Partner & Board Certified Expert in Family Law
Bryan Yerger Associate
Sarah Bear Associate
Jillian Minter Associate
Isabel Steinmetz Associate
Lindsey Dentino Associate