Changing Your Child Custody or Support Order

A divorce settlement regarding child support, spousal support, custody and parenting time that has been adjudicated by the courts is no longer a settlement: it is a court judgment. That means that failing to fulfill the requirements of the agreement can result in criminal contempt charges.

Yes, California family law judges take divorce and paternity judgments seriously, but they also know that many factors can affect whether a person is able to meet the obligations of the court orders. After a while, people lose or change jobs, get into new relations, or are overcome with medical or mental health issues. No matter how well-intentioned the parties are, sometimes a modification is the only solution.

Need to modify your judgment? Call 866-936-5194 today.

Call The Law Offices of George A. Martinez in Roseville, California, if you need to modify your judgment for:

Why Not Just Make the Changes and Shake Hands?

Many divorced couples make informal changes to their court judgment without the expense or trouble of handling things through the courts. While a handshake deal may work for a short period of time, it will often fall apart when one spouse discovers that the changes are actually a disadvantage or the child begins to express an interest in changing the parenting arrangement. Without a court-approved modification, parties have nothing to protect themselves in the event of litigation.

What Cannot Be Modified?

In general, any judgment relating to the division or distribution of marital property and/or debt will not be modified by the courts. Special considerations may be made, however, if it is determined that assets were withheld during the discovery portion of the divorce proceedings.

Appeal or Modify?

An appeal is different than a modification. Both parties have the right to appeal a judge's decisions regarding a component of the court process. Appealing a decision requires demonstrating that the judge committed an error or oversight when considering evidence leading up to the judgment. When requesting a modification, the petitioning party is not questioning the judge's decision. Both must come to an agreement that a new arrangement is in the best interest of everyone involved.

Make Your Custody and Support Orders Match Your Life, Call Us Today

If it is time for you to consider a modification to your divorce or paternity judgment call The Law Offices of George A. Martinez at 866-936-5194 or contact us by email to arrange a consultation.