When is a Judgment Modification Appropriate?
It’s normal for life’s circumstances to change after a divorce or a child custody agreement has been made. However, these changes can make it difficult to meet the obligations set forth by an old court order. When is a judgment modification appropriate and how can you go about getting your court order changed to reflect your current circumstances?
Changes in Income
One of the most common reasons an individual will seek out a judgment modification is because they’ve had a change in income. For individuals who are paying child support or spousal support that is calculated off their income, a change in that income from a job loss or a demotion could mean paying less. However, the street goes both ways. The receiving party may also request a judgment modification if they learn that the payor’s income has substantially increased. Either way, if the income has changed, a court order may be modified to reflect the new income.
Your Ex-Spouse Remarries
If your ex-spouse remarries, this typically would qualify as a “change in circumstances” that would allow you to seek the modification of a court order. While your ex-spouse remarrying would unlikely have any impact on the amount of child support you pay, since the two are generally considered by courts to be unrelated, this would have a significant impact on any spousal support you are paying. There’s a good chance that you may be able to have any spousal support you are paying eliminated if your ex-spouse gets married.
How to Get a Judgment Modification in California
If your circumstances have changed, it is critical that you notify the courts before you make any changes to your payments. You never want to pay less child support or stop paying spousal support until the court has formally modified the judgment and has either changed your payments or stopped them altogether. An attorney can assist you in petitioning the court for a judgment modification if you qualify for a “change in circumstances.”
Contact the Law Office of Barbara E. McNamara Today
At the Law Office of Barbara E. McNamara, we understand how difficult it can be to continue meeting the obligations of an old court order when your circumstances have changed. We’ll zealously advocate for the judgment to be modified in your favor and you can trust that when you work with us, your case is in good hands. Call today at (714) 740-2542.
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