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What Issues Can Be Addressed in Post-Divorce Modifications?

Posted on in Divorce

Los Gatos, CA post-divorce changes attorney

When a couple chooses to end their marriage, the process of separating from each other can be incredibly complicated. The vast majority of couples do not only share a life together, but they also share assets, financial accounts, and, in many cases, children. Because of this fact, the decisions made during divorce can have a drastic impact on the lives of both parties. Most notably, decisions involving spousal support and child custody can be significant. However, these critical decisions are not always final. In cases in which one party’s situation has significantly changed, a person can pursue a post-divorce modification

Areas Considered for Modification 

When a substantial change in circumstances occurs for one or both divorced spouses, one spouse may elect to file for a petition for modification, asking the court to modify the divorce decree. The two most common areas in which these modifications are petitioned for are: 

  • Financial Support: When a court decides that one party should pay alimony to their former spouse, this decision is based on a variety of criteria, including how long the couple was married, the collective income of the couple, and the lifestyle that the spouses were accustomed to. In addition, a parent may be ordered to pay child support that will provide for their children’s needs. In order to make a compelling case for modification of the amount of support that one spouse pays to the other, a person must be able to prove that significant changes have occurred in either spouse’s financial situation. These changes could come in the form of the loss of a job, a new job or promotion, either spouse’s remarriage, or a change in the needs of the couple’s children. 

  • Child Custody: A parent may request a modification to child custody for a number of reasons. A person could ask for modifications because the child is getting older, and a change in parental roles could be conducive to the child’s development. In other cases, one parent may believe that the other parent is being negligent due to unsafe living conditions, criminal activity, or the presence of recurring health issues with the child. 

Contact a Los Gatos, CA Post-Divorce Modification Lawyer 

After the finalization of your divorce, it is entirely common to feel as though your life has been changed forever. However, it is important to recognize that the decisions made about issues such as spousal support and child custody may not be permanent. Attorney Benita Ventresca is thoroughly prepared to help you through all aspects of the divorce process, including requests for post-judgment modifications. To speak with a qualified Los Gatos divorce attorney, contact us today at 408-395-8822

Sources:

https://www.californiarulesofcourt.org/crc/title-5-family-and-juvenile-rules/5-92-request-for-court-order-responsive-declaration/

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