Child Support Modification in Temecula, CA
A modification is a request to change an existing court order. In family law, it means that one of the parties is requesting to change some sort of an order. Orders can be modified before or after a judgment was entered.
The term “modification” simply means that a previous court order was made and now one of the parties is asking the court to make changes to that court order. A family law modification can be requested for any of the following case types:
What Types of Orders can be Modified?
There are, of course, exceptions to this rule and would require the help of a skilled attorney to advise you. If you have a court order that you believe should be modified, contact our office for a consultation.
Modification of Child Custody or Visitation
The Child Support Guidelines of California employ each parent's income, withholdings, deductions, and parenting time to determine child support payments. You have the right to request a change of the child support agreement when new circumstances affect the initial computation.
The parents may explain any proposed revisions and submit them to the court for approval before a new child support order is issued. If the parents cannot agree on any suggested alterations, they must attend a hearing, present facts and arguments, and the court or commissioner will make a determination.
There's several occasions in which you might wish to seek child support modifications, including but not limited to:
Loss of work
Additional or new employment
A rise or reduction in either parent's income
Variation in family size
A parent gets incapacitated
Military service deployment on active duty
It is the court’s philosophy that children have a right to spend significant time with each parent. For this reason, once a child custody order is made, it is difficult to change. Some of the reasons a child custody order may be modified are:
Wishes of the child
In Riverside County, courts have established procedures for allowing a child’s voice to be heard. This includes such things as an expert, or even the judge, interviews your child to determine what he or she wants and why.
Whether or not the court will follow the wishes of the child depends upon a number of factors, these include, but are not limited to:
The court must make provisions to allow a child who is age 14 or older to express his or her wishes to the court. This is no guarantee the court will follow the child’s wishes. The court will weigh the child’s reasons for wanting to change against the child’s need to know and spend time with each parent.
Do I Need an Attorney for File for a Modification of Child Custody?
Your child is an investment. Why would you gamble on your child’s future by scrimping on attorney fees? If you want to maximize your chances of modification custody, it is essential that you hire competent counsel. For more information as to how to change custody, please call our office for a consultation.
Child Support Modification Request
Sometimes, a child support order can be modified simply because it is too old. Child support orders do not include a cost of living increase. Over time, each parent’s incomes will increase and orders made several years ago will need to be readjusted periodically. If you believe that you qualify for a modification of child support, please call our office so we can help.
Modification of Spousal Support in Temecula, California
For instance, “initial” spousal support orders might be calculated using only one party’s income and be set at a very high amount. This is typically done with the expectation that spousal support will decrease after a very short period of time.
“Temporary” spousal support may be slightly reduced from the “initial” orders, but still at a high rate for the payor of spousal support. Courts in Riverside County, California, typically do this to allow the supported spouse some time to get a job, adjust to being single, and help him or her get on their feet financially.
“Permanent” support is typically a lower number and goes for a much longer period of time. It is anticipated that it will be ordered for a long enough duration that the supported spouse will be able to become self-supporting.
All types of spousal support can generally be modified. Reasons why a spousal support order should be changed include:
Do I Need an Attorney for File for a Modification of Spousal Support?
If the attorney is going to increase your monthly income or reduce your monthly expenses over many years, the lawyer’s fees are a small price to pay. For more information as to how to change spousal support in Riverside County, including in the cities of Temecula, Corona, Vista, or Murrieta, California, please call our office for a consultation.