Modification of Custody or Support

Child custody, child support and spousal support arrangements are made according to the child's best interests, families' incomes and financial needs at the time of a divorce. However, as time goes on, circumstances naturally change for both divorced spouses and their children. That's why California law allows divorced people to petition a court or their county child support services agency for a modification in their child or spousal support arrangements.

Support arrangements may be modified if there is a "substantial" change in circumstances for either party or for the child. Child support payments may also be changed if your original child support order was set below the state's guidelines, regardless of whether circumstances have changed. Substantial changes could include:

• Loss of a job or other income decrease for the payer.
• An increase in income for the payee, including a new job or a raise.
• A change in child custody.
• Changes in the amount of time a child spends with each parent.
• A substantial change in the child's financial needs -- this could be just the natural effect of a young child getting older, or the result of a specific event.

Child custody and visitation plans may also be modified to accommodate new circumstances. California law on changing a custody arrangement is stricter than the law on changing child support; a parent petitioning for a custody change must show that the circumstances are so different that the change is essential to protect the children's welfare. Changed circumstances that could lead to a change in custody or visitation include:

• A move by either parent so far away that the existing custody or visitation arrangement isn't practical anymore.
• A lifestyle change that makes one parent unable or unsuited to care for a child, such as serious health problems, working a night shift, going to prison or drug and alcohol abuse.
• Extreme interference by one parent in the other parent's visitation or custody rights.
• Death of one parent. When this happens, custody rights automatically revert to the other parent. However, if a third party, such as a grandparent, feels that this is not in the child's best interests, that party may start a new custody case.

If both former spouses agree on a change in custody or support arrangements, they may ask for the changes with a written agreement submitted to the court. If there is a conflict over the proposed changes, they are entitled to a court hearing. In either case, an experienced family law attorney can help by advising you on which parts of the law apply to your case; helping you present your financial and personal information in the best light; or simply taking away the burden of scrutinizing the legal and financial details under circumstances that are often emotional or unpleasant.

Custody and support proceedings are extremely important, affecting every part of your child's and your own future. With 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 or fill out the online consultation form to the right.

At Wallin & Klarich, we approach every case with the belief that the person we're representing could easily be one of our own family members. We've seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you are involved in a family law matter in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-749-7428 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.