Modifications

When a divorce is granted in California, final orders are issued by the court as to matters such as child support, child custody, and spousal support.  In addition to helping people obtain these initial orders, the attorneys at Richard Ross Associates also seek modifications of orders on behalf of their clients when necessary.

When Circumstances Have Changed

Generally, when a divorce is granted, the court issues final orders regarding issues such as child support and spousal support.  Once these orders are final, they may not be modified except upon a showing of changed circumstances.  For instance, either one of the former spouses may experience an increase or decrease in income, calling for a respective decrease or increase in support.  Also, the needs and expenses of either party or the children may change as well, such as if a medical condition arises or special schooling becomes necessary.  Seeking a modification due to changed circumstances generally requires going to court to seek a modification of the court order, and if the modification is contested by the other party, an adversarial hearing may be necessary.

Child custody orders may also be modified under changed circumstances.  Common examples of changed circumstances include when one parent desires to move or is forced to relocate for work out of state or far away from where the other parent lives.  Another common changed circumstance is when the child enters school, and it becomes impractical to maintain a custody arrangement such as alternate weeks. 

Child custody orders must always be made in the best interests of the child.  But if it can be demonstrated that due to a significant change in circumstances a different arrangement would be in the child's best interest, then the court may issue a modification of a custody order.  Also, child custody orders are not always permanent orders but are made as temporary orders, with the court retaining jurisdiction.  In these cases, the parties can still seek modification of the custody order in the best interest of the child.  These rules were firmly established by the Supreme Court of California in the 2001 case of Montenegro v. Diaz.

Seek Experienced Legal Representation

Obtaining a successful modification of a custody or support order requires a combination of persuasive negotiation and courtroom skills and a familiarity with the laws and procedures in place in the various courts.  The team at Richard Ross Associates includes attorneys who have successfully fought for and challenged modifications in courts throughout Ventura, Los Angeles, and Santa Barbara counties.  If you need help with a proposed modification of a family law court order, contact Richard Ross Associates to speak with an experienced family law attorney.