Modifications

Assisting in Securing Changes to Established Orders

Orders for child support, child custody, visitation and spousal support are not set in stone. When they are first drafted, they are drafted with the family's present circumstances in mind. When those circumstances change, child support modifications may be necessary, too.

Modifying Child Custody, Child Support or Other Post-Divorce Orders

In order to modify an existing child support or child custody order, you have to be able to demonstrate that there has been a change in circumstances significant enough to justify the child support modification. For a child support order, a "significant change" could be unexpected medical expenses or a change in either parent's income.

For a child custody and visitation order, a significant change could involve parent or child relocation, a change in the child's wishes or in either parent's ability to provide a safe, supportive home, such as:

  • Involvement in criminal activities
  • Abuse of drugs or alcohol
  • Abusive conduct toward the children
  • A worsening physical or mental medical condition
  • Refusal to adhere to an existing custody order

The California and Nevada laws regarding parent or child move-aways are changing - it is of the greatest importance that you speak with our experienced child support modification lawyers before you move.

Enforcement of Established Family Court Orders

If either party fails to adhere to the terms of the divorce decree, the other party can bring an enforcement action in court and threaten the offender with charges of contempt. Violations can include failing to pay child support, failing to properly deal with marital debts or assets, failing to make sure the other parent receives all the parenting time they need and many more.

Often, the contempt action will result in fines and penalties to the offender. Sometimes, they lead to a period of incarceration and other times cause the judge to change the terms of the existing custody, support or divorce arrangement.