Divorce and separation are difficult. In the aftermath, many people just want it all to be over with so they can move on with their lives. However, there are times when changes to the final divorce agreements must be made. At the Law Offices of Ronald K. Stitch, our certified family law specialists can help you through this process. Our Thousand Oaks modifications attorneys will thoroughly review your case and work through the courts to make the changes you need so you can move forward.
Modifying a divorce decree in California
Modifications are absolutely vital for many divorced couples. The lives of two people after a divorce will inevitably change, and there are pathways afforded in California law that allows for changes. Some of the most commonly modified items in a final divorce decree include:
- Child support amounts. When it comes to modifying child support, and income change for the paying parent is going to be necessary. Under state law, a 20% change in income, whether up or down, warrants a change in payment amounts. This is only a benchmark, and you can petition for modification with less than a 20% change.
- Spousal support payments. Any party who wants to modify alimony payments, whether the receiving or paying spouse, will need to prove to the court why the circumstances of the alimony agreement are no longer reasonable. This could be because the income of either party has gone up or down. It could also include the receiving spouse remarrying or living with a member of the opposite sex.
- Child custody and visitation. There are various reasons why child custody and visitation agreements may need changing. This could be because one parent relocates or sees their living situation change. Criminal activity, substance abuse, or physical abuse by a parent could also necessitate a change. The court will look at what is in the best interest of the child when determining whether to allow for modifications.
In most cases, property division cannot be modified after the divorce is finalized unless it can be shown that the property division agreement was based on fraudulent information or hidden assets during the divorce.
It is important to understand that you must work through the California court system in order for any modification to be legal. Any changes made unofficially between the two parties are not legal and not enforceable by the court.
You can count on us to help you through this
If you have been through a divorce or separation, that does not mean all of the final agreements will be tenable in the aftermath. Sometimes, modifications need to be made to a final divorce agreement. When this is necessary, you will need to work through the court system, and the Law Offices of Ronald K. Stitch are ready to help. We have a deep understanding of family law in California and we understand how to get you through this. When you need a Thousand Oaks modifications attorney, you can contact us for a free consultation by clicking here or by calling 818-237-4574.