Post Judgment Issues

When the marital settlement agreement or divorce stipulated judgment is signed, many Orange County couples breathe a collective sigh of relief. It’s the mark of the divorce case being over and life moving forward. Unfortunately, in cases that involve custody and support issues, the chances of post judgment disputes are nearly inevitable. Here are some common examples.

1. Child custody: After most Orange County custody agreements and orders, a Court will not change the parents’ custody or visitation unless it is in the children’s best interest and, in some cases, a significant change of circumstances. This could include a parent having less or more time to spend with the children, incidents of abuse or neglect, parental alienation, a change in residence that results in a greater distance between parents and a visitation plan that is no longer practical or simply a custody plan that is no longer working because one parent is unwilling to co-parent or communicate effectively.

2. Child support: Custody and support go hand in hand. If there is a significant change in custody, a change in child support (up or down) is almost inevitable. But in cases that don’t involve a custody or visitation change, child support modifications often result from an increase or decrease in one or both parents’ income.

3. Spousal support. Unless the divorce judgment expressly makes spousal support unmodifiable, most spousal support orders can be changed if there is a significant change in circumstances. Spousal support modifications can get complex in long-term marriages (10 or more years), especially if there has been an appreciable passage of time between the support order and the modification request. Issues such as “need” and marital lifestyle control such cases and, before pursuing such a case, a detailed analysis by experienced Orange County divorce lawyers is necessary and highly recommended.

Property divisions are rarely the subject of modifications but if a marital settlement agreement or judgment allows for modification or certain circumstances mandate a change, especially if one spouse has failed to uphold their end of the bargain, the Court has the power to hear such modification requests.

Call or email us today. We will give you a case strategy session at an affordable consultation fee and help you find solutions to all of your post judgment Orange County divorce issues.

Warmest Regards,

B. Robert Farzad
Orange County Divorce & Family Law Attorneys
1851 E. 1st Street, Suite 1150
Santa Ana, CA 92705
Telephone: (714) 937-1193
Facsimile: (714) 937-1192

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