What Parts of My Order Are Modifiable After a Divorce?
If you feel that you need to change a certain part of your divorce order,
When you file for divorce and go to court, the court system makes a decision about the divorce and finalizes the order. The order will cover different aspects of the divorce such as alimony, child support, division of bills, and division of assets. You will be expected to follow this order and failing to do so could cause you to be in contempt of court.
If there comes a time when you are unable to follow the divorce decree or order or feel that it needs to be changed, you can file to have it modified. While not all parts of the order can or will be modified, there are some parts that can be and it’s best to consult and ask help from a divorce attorney in Orange County, CA.
Here are a few aspects that the court may consider changing or modifying for you.
Most courts will consider modifying child support, but only if there is a legitimate reason for it. Child support is meant to prevent children from needing the support or benefits of a state and to help them live a happy life.
Not providing any child support at all is not an option for parents and the court system will demand proof for reasons for any modification. That being said, there are several reasons that a person may request for child support modification, but it is up to the court to decide if these reasons are legitimate. Some reasons to consider filing for a modification include:
- Job Change
If a spouse loses a job or if they change jobs and their pay changes, the child support order may be adjusted.
If a parent moves for a legitimate reason, a divorce lawyer may be able to have the child support order modified.
- Health Insurance Changes
Change in a child’s health insurance can be a reason to adjust the cost of child support. One parent is usually ordered to provide insurance for a child. If that changes, the amount of child support that is owed can change too.
- Change In Child’s Living Arrangements
In most cases, a child will live with one parent and the other parent will make child support payments to help support that child. If the living arrangement changes, so will the child support order.
Alimony is the payment from one spouse to the other. It is usually ordered when one spouse has supported the other spouse throughout the marriage and the dependent spouse is unable to support themselves. The courts may order alimony in the divorce, but are also likely to change it when circumstances change. Here are some reasons it can be changed:
- Cohabitation With A New Partner
If the spouse receiving the support moves in with a new partner, the alimony order may be modified.
- Cost Of Living Changes
In some cases, alimony payments can be adjusted based on cost-of-living changes.
- Financial Hardship
If the partner who has been ordered to pay alimony experiences financial hardship, they may have the amount adjusted.
If the paying spouse becomes disabled due to an accident or injury, they may have their alimony payment modified with the help of a divorce lawyer in Orange County.
A custody order can be modified, but it might be a bit more challenging to get this done. The ruling principle is that courts do not want to move children around and uproot them constantly, so they try to stick with the plans of the original order whenever possible. A divorce attorney Orange County can help negotiate the custody order.
There are some reasons that a custody order can be modified. Some of those reasons include:
- Custodial Parent Becomes Ill
If the custodial parent of a child becomes sick or is unable to care for the child, the custody order may be modified.
- Child Is Considered Unsafe Or In Danger
If there is evidence that a child is not safe with their custodial parent or if there is proof that they could be neglected or abused, an Orange County divorce lawyer may be able to assist with getting the custody order changed.
- Both Parents Agree To The Changes
In some cases, one parent will decide that they are no longer able to take care of the child physically and will agree to make changes to the custody order to allow the other parents to have physical custody or more visitation. This is one of the easiest ways to have a child custody order modified after a divorce.
How To Get A Divorce Order Modified
If you feel that you need to change a certain part of your divorce order, you will need to hire a family law attorney in Orange County, CA for help. An attorney can help you determine if you have grounds for modification and help you petition the court for the changes. With an attorney by your side, you are more likely to get the court to consider your modification and to get things the way you want them.
Always remember: An attorney will have the experience needed to help you get the best results. You can find an attorney near you who specializes in divorce modifications and who will be happy to assist you.
Divorce decrees and orders are meant to be a final decision about a marriage or relationship. While modifications are possible for many reasons, the court will not change them if they feel it is not in the best interests of both parties. The above are just a few reasons you may want to consider having your degree modified. If you need help having your divorce order or certain aspects of it modified, be sure to reach out to an Orange County divorce attorney at Lemkin Law.