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Posted on in Mediation

California mediation attorney, Califorina family law attorneyMost couples do not intentionally enter a marriage knowingly believing it will result in divorce. Therefore, it stands to reason that your divorce taught you that everything could change from plans and circumstances and even people themselves. Due to this certain phenomenon, it is likely that after a divorce agreement has settled, either through mediation or litigation, that there will need to be a post-judgment modification. Hopefully, the alteration will not be necessary for a decade or more. However, it is possible that a change request may be needed months after the issuance of the decree.

How Soon Can We Make Changes?

During a dissolution of marriage, circumstances and needs are the groundwork for deciding the outcome. If the situation has shifted in any direction, it is imperative that modification is requested as soon as possible to avoid conflict and ensure the ability to comply with court orders. Although a judge will not make changes to decisions regarding asset division, the commonly renegotiated terms are:

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California child support laws, California child support attorneyChild support payments are court ordered, and failure to do so is illegal. Many circumstances prevent someone from making the proper payments. Payment failures due to inability after the loss of a job or other special events is different than choosing to withhold payment on one’s accord. Not providing the necessary child support for your offspring can earn hefty penalties.

Contempt of Court

Child support payments require receipt within 30 days after the given order. If a noncustodial parent is no longer able to make the payment, avenues exist to alleviate the financial burden. If the court is unaware of an economic status change and no receipt of payment, the payor is guilty of criminal or civil contempt of court. Willfully disobeying judge orders is a strict violation of the law.

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Posted on in Family Law

California divorce attorney, California family law attorneyDivorce can be extremely stressful. It can feel like the world has been removed from your shoulders once the divorce has been settled and a judgment has been filed. Everything is set, from the child support, to the alimony, and the visitation. Nevertheless, circumstances change with the passage of time.  Some of the orders you obtained in your judgment may no longer be appropriate to your family situation.  You may wish to proceed with post-judgment modifications to address these concerns.

What Can Be Altered

Although generally property division cannot be revisited post-judgment (except on statutorily-enumerated grounds), some of the orders contained in the judgment can be modified:

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California child custody attorney, California family law attorneyEstablishing Parentage

California law automatically assumes both parents are the biological parents if they are married at the time of the birth. However, this is not true if the parents are not married to each other. Parentage of the child must first be established before any custody issues are pursued. This may be done simply by filing a voluntary Declaration of Paternity. This may have been done at the hospital at the time of birth, which would have put both parents’ names on the birth certificate. If it was not completed immediately, it may be done later. This form may be picked up and filled out at any of the following locations:

  • Local Child Support Agency (LCSA),
  • Registrar of Births,
  • Family Law Facilitator’s office at your local Superior Court, or
  • Welfare offices.

The form may be completed at these offices or must be signed and witnessed by a notary public. Once this form is completed, it is not effective until it has been filed at the California Department of Child Support Services Paternity Opportunity Program (POP).  

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California property division lawyer, California divorce attorneyTo those who have never owned a pet, the idea of battling over custody over one may seem ludicrous. For the 79.2 million proud pet-owning American households, in the event of a breakup or a divorce, the future of their family member is at stake. In California family court, pets are property, but have more consideration than many other states. During property division proceedings, some pet provisions can be negotiated, similar to child custody and visitation decisions.

Establishing Primary Custody

Whether you have a rescue or a competition show animal, you understand that the bond between humans and their animals are inexplicable. Occasionally, the pet has a greater attachment to one family member, and the animal can remain in their custody after a split. Unfortunately, sometimes divorce gets ugly, and the things we love can be used against us. It is essential to demonstrate proof of a bond as well as ownership to safeguard yourself against this possibility by ensuring your name is the one consistently showing up on documents. A few ideas to help you begin a form search are:

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