Experienced San Jose Child Support Modification Lawyer
Santa Clara County Attorney Modifying Final Orders
California courts recognize the need for modifying child support, child custody and visitation, and spousal support judgments. And throughout life, individuals and families go through changes that necessitate modifications.
Since 1994, attorney Sandra McManus has represented clients in modifications. To find out more about your options for modifying a final order, contact our law office in San Jose.
Modifying Final Orders
- Child custody modifications — A significant change in circumstances must be shown in order for a child custody modification to be approved by the court once a final custody order is in place. This may include a change in a parent's ability to provide care for child, relocation for a job, or change in educational needs of child.
- Visitation modifications — For the court to approve a visitation modification, a significant change in circumstances must be shown once a final visitation order is in place. This could include parental relocation or a job change affecting the visitation schedule.
- Child support modifications — The parent paying child support is responsible for making payments even after job loss or a reduction in pay, unless they modify the prior support order. Even if parents have made a verbal agreement to decrease or increase the payment amount, it is necessary to go through the court system to legally establish the change in writing for the protection of both parents.
- Spousal support modifications — In a long term marriage, court approval must be obtained before alimony payments can be modified or terminated, as there is no automatic termination of alimony. The spouse paying alimony can seek a modification or termination of alimony after half the length of the marriage unless circumstances change which require an earlier request for a modification or termination of alimony.
The process of modifying a final decree can be complex. Our firm is here to help you through the necessary legal steps and to understand your options.
Find out more about these related topics: