Child Support and Child Custody Modification Lawyers in San Jose, CA, Helping Clients When Life Strikes
When two people don’t want a romantic relationship, things can get complicated if children are involved. In fact, many of these cases end up in family court for issues such as child support, child custody, and spousal support. When court orders are issued in such situations, it may seem like you’re stuck with the outcome. However, a child support and child custody modification lawyer in San Jose, CA may be able to help.
At Argyris Mah, LLP, our goal is to help our clients with any family law issues they may encounter. Many people regret not seeking legal guidance during their divorce or child support/custody cases, but existing court orders are typically not permanent. Schedule your free consultation with our law firm today. Our San Jose, CA family law attorneys may be able to help.
When Can You Seek Modifications to Child Support and Custody Orders?
There are various reasons a person may want to make changes to their spousal support, child custody, and child support payments. However, there are only certain situations when this is allowed under California law. For instance, a child support modification can be requested at any time when the initial court order was created via agreement by both parents.
However, the modification process typically requires a significant life change to have occurred. When a judge signs off on a court order, it’s pretty much set in stone unless a compelling reason to change it arises. Of course, the law recognizes that circumstances change. If you want to modify existing court orders, our law firm can help you understand your options.
What Constitutes a Significant Change in Circumstances?
Various events can serve as evidence that a person’s situation has changed significantly. For instance, California considers both parents’ incomes and the time spent with their children when calculating child support payments. If one parent has a sudden change in income or time with their child, this could change the calculation used to determine support in California.
Military deployment, new children outside of the former relationship, changes to visitation orders, disabilities, and incarceration can also meet the requirements for order modification. When it comes to child custody, court order modification can occur if your ex-spouse can no longer provide appropriate care for your child. This includes issues caused by drug and alcohol abuse — among other negative changes.
Put simply, only a significant change in circumstances will warrant a modification. While your situation may seem to qualify, family law matters in California can be complex. This is why you should consult a Santa Clara County legal professional. Regardless of whether you’re the custodial parent or what your parenting plans state, judges will consider modifications when appropriate.
Is Spousal Support Modification Possible?
Modification requests for child custody and child support orders are far more common than spousal support modification requests. After all, not every couple who has children together will get married. As with custody and child support orders, though, modifying a spousal support order merely requires showing that changed circumstances exist.
Such a change in circumstances can include the supported spouse remarrying or failing to make a good faith effort to support themselves. Modifications can also occur if the paying spouse becomes incarcerated or has a significant change in income or job stability. Changes can also be requested if either former partner misrepresented their situation — or if the supported spouse no longer has financial needs they require assistance with.
Clearly, there are plenty of nuances to the law. Let our spousal support modification attorneys in San Jose, CA help.
Contact Our Custody and Support Modifications Lawyers in San Jose, CA Today
The modification process can be complex and stressful when seeking to change an existing divorce order or other court orders. A judge will want to know that there’s a valid reason for this request. Otherwise, they may simply throw the case out. This is why having experienced family law attorneys on your side is so important. If you’re seeking spousal support, child custody, or child support modifications, help is available.
At Argyris Mah, LLP, we can help you request a change to any existing court order. However, it will often be necessary to show that a significant change in circumstances has occurred in your or your former partner’s life. We can help gather the required evidence to present to the court, and once a judge signs the modification request, the previous court order will no longer take precedence.