Modification of Family Court Orders in San Diego
Modification to a family court order is a routine occurrence because ‘life happens’ and circumstances are always fluid and subject to change. California Family Courts recognizes that personal circumstances change and provide a legal mechanism for either (the “payor”) or (the “payee”) to petition the court to better your financial situation when there have been significant changes in employment or life situations.
Following a California family court settlement, spouses and domestic partners can lose or change jobs, move, remarry, have a child with a new spouse or partner. The terms of your child support, child custody, visitation and spousal support agreements will, however, remain the SAME, not recognizing these personal life changes unless you seek a legal modification to challenge the original court order.
San Diego family law attorney Sarah T. Schaffer, CFLS and her experienced team of attorneys and support staff at Schaffer Family Law Group, APC can help you seek a modification to a family court order so that these important legal documents more accurately reflect your current life and circumstances often reducing the amounts of monthly support that you are required to pay.
The consequences of failing to obtain a modification to spousal support and/or child support when you are the paying spouse can be devastating.
Your Legal Support Obligation Continues no matter your Circumstances
The need for legal court order modification is not well understood by many people. Did you know you are still required to pay court-ordered child support or alimony even if:
- You lose your job
- Your income is significantly reduced
- You are deployed overseas
- You are facing a life-changing illness or disabled
Severe Consequences Face Those Who Procrastinate
If any of the above circumstances are preventing you from paying your agreed support payments, your alimony or child support obligations continue to build up in arrears at the original monthly amount —until you seek a modification. If that is not bad enough, if you have overdue support payments, you can lose your driver’s license and your passport. The state of California can garnish your wages, hold back tax returns and even levy your bank accounts to collect the unpaid debt. Eventually, the local district attorney will get involved and criminally prosecute you for contempt of court.
Remember – Time is not on Your Side
It is critical to seek a modification to standing court orders as soon as possible. If you lost your job and stopped making payments a year ago, but only now decide to seek a modification, you will still owe the unpaid amount for that entire year. Depressing as that may be, there is no sense allowing the hole to get ever larger – let’s get started immediately seeking a modification for you. The good news is that the change in your financial obligation may be retroactive to the date we file the petition for your modification.
If the above circumstances resemble your situation do not delay. To schedule a free consultation about a modification, please call (858) 509-7907 to schedule an appointment with a court order modification attorney at Schaffer Family Law Group, APC. today.
Modification Requests for Other Circumstances
In order to prevail to modify the court’s original order, you must demonstrate a substantial change in circumstances.
Some common circumstances that may justify a petitioning a standing court order, including a change of employment status, a change in income of either party, the relocation of either parent to another city or state, facts that show that the child is not doing well under the current time sharing plan, or other relevant changes may have developed.
If you are currently considering a post judgment family law modification legal issue or dispute, make sure that your legal rights are protected by seeking the legal advice of an experienced San Diego Family Law Attorney.
You Must Act Quickly!
Party to Original Court Order Must Request Modification
Challenging a Family Court order is not only possible, every day you fail to request petition the court the existing court order stays in affect. If there are changes in income or life events that the court should consider, you must act. Contact us to learn your options!
Call Schaffer Family Law Group at (858) 509-7907 to schedule a strategy session today.