Modification of Custody/Support

Oftentimes, divorced parents are still on amicable or semi-amicable terms such that they can discuss California child custody, child visitation, and child support in a civil way. In fact, they are often able to come to agreements on their own, without having to go to court. When this happens, the question is then whether or not they should make their agreement a court order.

The answer will depend on whether or not you want the agreement to be enforceable. If your ex-spouse used to pay you $500 in child support every month, and now you and he agreed to $600 every month, you may want to make that a court order. Without a court order, you will have a difficult time enforcing the agreement that you made.

Also, let’s say you are a father that enjoys every other weekend with your children as part of the latest child visitation order. If you and your children’s mother are now agreeing that you can have the children for 4 more days every month, then you may want to let the court know and make the new change a stipulated order of the court. Not only would it help you enforce your new visitation schedule, but it will also be a basis for a new child support order, which could mean that you would be paying less in child support each month.

On the other hand, if you do not want the new agreement to be enforceable by the court or by the other parent, then it might be better for you to leave the agreement “off the books,” so to speak.

If you have any other questions about child custody, child visitation or child support, call us today. We are here to answer your questions.

If you or a loved one wants to change a court order, the family law attorneys at Wallin & Klarich can help you through the process. Our experienced Orange County family law attorneys can provide you with legal advice and will be your advocate in a family law court. If you’re thinking of hiring an attorney for a family law matter, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.

Sometimes people want to change or modify their child custody and visitation but they do not want to go to court. They may not have the money to pay a lawyer to go to court for them. Can this dilemma be resolved? Yes. You can try to modify your child custody and visitation arrangement without going to court.

In order to do this, you will need to come to an agreement with the other parent. If you and the other parent are both on the same page and agree on what the change should be, then you can write up the agreement that you have made and ask the judge to sign that and make it a court order. If you need help writing up your agreement, an experienced family lawyer can help you with that. The lawyer will not even have to see the judge to get this done.

Frequently, when child custody and visitation change, child support will change as well. If you and the other parent agree on what the new child support should be, you can put that in your agreement as well. By reaching agreements as to all these issues, you and the other parent will save a lot of time and money.

If you would like more advice as to how to proceed with modifying your child custody and visitation arrangement, please give us a call. We are here to answer your questions.

If you or a loved one wants to modify an existing custody agreement, the family law attorneys at Wallin & Klarich can help you through the process. Our experienced Orange County modification of child custody attorneys can provide you with legal advice and will be your advocate in a family law court. If you’re thinking of hiring an attorney for a family law matter, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.

The court in In Re Marriage of Bardzik, affirmed an order modifying child support in a case with unusual facts. In this case, the mother retired early and then asked for child support well after the divorce. The prior court order held that neither parent had to pay child support to the other parent because both parents had similar incomes and both parents shared equal custody of their children. However, shortly after mother retired she requested that the court order child support based on her anticipated change in income after retiring. Father argued that mother should be imputed income based on her ability to earn, but father did not present any evidence on mother’s ability to earn.

The trial court did not impute income to mother and ordered father to pay mother child support. The appellate court affirmed but stated that if one parent seeks to modify an existing order as to have income imputed to the other parent, the parent seeking imputation bears the burden of proof of showing that the other parent has the ability and the opportunity to earn that income. In this case, father failed to meet that burden because he did not prove that mother had the ability and opportunity to earn a specified income, but only informed the court of what she earned before retirement.

Therefore, had father properly presented at the court hearing evidence of mother’s ability and opportunity to earn a certain income than father would likely not have been ordered to pay support to mother. It is important to seek legal counsel prior to going to court to make sure the evidence is presented properly according to the family law rules to get the best outcome.

Wallin & Klarich has many years of experience in family law. Our Riverside family law attorneys know from long experience what works in a divorce case, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for a mediated divorce, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.

An article on the website californiadivorce.info discusses the types of family law court orders in California that are most often amended, or ‘modified’. The 3 types of orders the article discusses are:

• Child Custody/Visitation Orders,
• Child Support orders, and
• Spousal Support orders.

Child Custody/ Visitation Order Modification
When the court finds a modification of the visitation schedule or child custody order to be “necessary or proper” and in the child’s best interests, [Ca Fam § 3022] the court may chose to alter its initial decision. The responsibility is on the parent seeking a modification to show a “significant change of circumstances” that would support such an alteration.

Modification of Child Support Orders
Child support orders are modifiable “at any time as the court deems necessary.” Even if the parties have agreed that support may not be modified, child support may be modified at any time especially if they do not adhere to the statewide child support guidelines.

Modification of Spousal Support Orders
Spousal support in California awards and agreements are modifiable throughout the support period, except as to amounts accrued prior to the filing of application for modification and except as otherwise provided by agreement of the parties. However, unlike child support, the court’s continuing power to modify spousal support is dependent on the terms of the court’s order. Unless jurisdiction to award support has been reserved, post-judgment spousal support is limited by the stated duration of the order, unless the parties agree to continue support for a longer period of time. [Ca Fam §§ 3603, 3651(c), 4333, 4335]

Whether you are seeking a modification of spousal support, child support, custody or visitation, your chances of successfully amending the courts orders increase substantially when your retain the services of experienced Family Law counsel. Custody and support proceedings are extremely important, affecting every part of your child’s life and your own future. When your circumstances change, it can become necessary to petition the courts to review their orders regarding your child or alimony arrangements.

With a skilled family law attorney in California from Wallin & Klarich on your side, you can rest assured that your attorney is working hard to get the best possible outcome for you and your family. We have more than 30 years of experience in divorce, custody and other family law matters. And with offices located from San Diego to Ventura to the Inland Empire, we’re able to be there for you, wherever you happen to be. For a consultation, call us today at 1-888-749-7428.

During these tough economic times, if you’ve lost your job or your income has dwindled due to less work hours, you may be able to modify your child support. To modify your support you will need to file an Order to Show Cause for modification of child support with the court. You will need to:

• Provide proof that your income has changed (copy of your last three pay check stubs are usually required).
• They will recalculate a new support order based on your new financial situation.

You may also choose to modify your California visitation order and this will also change your support order. If one of the following applies to you, you may be able to modify your support:

• If you spend more time with your child that is currently not listed on your visitation order.
• If you have a current visitation order, but would like to spend more time with your child.
• If you currently do not have a visitation order filed and you are visiting with your child.
• If you currently do not have a visitation order filed and you would like to make a visitation order.

All of these will modify your support because the child will wind up being with you more of the time. Let Wallin & Klarich alleviate your financial burdens by assisting you in changing your support and/or your visitation order. You can call us at 1-888-280-6839 to discuss your case with one of our experienced Child Support Attorneys in California, or you can visit our website at www.wklaw.com for more information.

Once the action for dissolution, nullity, legal separation, or paternity has been filed in court, you can establish child custody in California. This process is more complicated than a number of parents realize when deciding on the best environment for their children to live in. In some cases, the reasons for the divorce have to do with inadequacy to support the family or lacking availability to help take care of the children involved. These factors play a large role in determining legal child custody with the child’s well being in mind.

One complex issue that may come up in your child custody and visitation case is whether or not you or your spouse plans on moving to another county or state. Before this move occurs, you may require a modification of custody in California to ensure that any custody or visitation changes are legal and documented by the court.

If you have joint legal custody where both parents preserve the right to make decisions concerning the child or children’s health, safety, education and welfare, then residency is an important issue to discuss. A parent with sole legal custody who makes decisions alone regarding the child or children still needs to inform the court of his or her decision to move out of state.

As a parent who does not receive legal custody, you should still be entitled to visitation rights which are usually created by the court. Visitation is indeed affected if your spouse moves out of the state with your children.

To help you with all your child custody and visitation matters, you need the knowledge and experience of a skilled family law attorney in California who will assist you with your case and ensure that paperwork is filed properly and in a timely manner. Call Wallin & Klarich today at 888-280-6839 for a case evaluation.

In My Child Custody Or Child Support Case, Can I Ask The Court to Have The Other Side Pay My Attorney’s Fees?

The simple answer to this question is yes. In almost any family law case, including California child custody or child support cases, a petitioning party can seek attorney’s fees from the other party. The party requesting an order from the court with respect to their child custody or child support rights, or a modification of the original order issued by the court, must fill out and file an income and expense declaration form, also known as an FL-150 form, in order to get the other party to pay for their attorney’s fees. This form requires the party requesting attorney’s fees to indicate their employer information, their income, their debts and their average monthly expenses, among many other items. This form must be filled out in its entirety if a party would like their attorney’s fees paid for. Therefore, even though it might cost you money upfront to pay for an attorney, the other side could possibly pay for all of your attorney’s fees.

Because attorney’s fees are not always granted by the court, it is important for a person to seek legal advice when filling out this form relating to modification of child custody or support in California, along with the other forms that the court requires, to ensure that their rights are adequately protected in the family law court.

The top California family law attorneys at Wallin and Klarich have over 30 years experience in family law matters and can prepare and file your forms and paperwork, as well as argue for your rights in court.

Please feel free to contact Wallin and Klarich for a free consultation. The attorneys at Wallin and Klarich are available 24 hours a day, seven days a week to answer your questions. You can reach us at (877) 466-5245 for more information.