Roseville Post-Judgment Modification Lawyer
Reasons for Modifying a Custody or Support Order
At the time of your divorce, you agreed to be bound by a set of court orders governing matters such as the custody of your children, hours for visitation, payment of child support and alimony, etc. You may or may not have been satisfied with the terms of your divorce, but you are legally required to abide by them.
Whether it was through a mutually amicable settlement or decree of the
judge, the terms of your divorce orders were expected to be the best possible
outcome based on the available evidence. Life changes after a
divorce, however, and it is often the case that the terms of a divorce can become
an excessive burden in one way or another. When this happens, it is possible
to seek a modification of the court orders, known as a post-judgment modification
or a post-decree modification, to accommodate the new circumstances.
Another common reason that post-judgment modifications will be brought into light is in the event which a man learns that he is not the biological father of the child he has been paying child support for. When this happens, it is very likely that the court will be willing to reconsider your case and decide that you are no longer responsible for a kid that is not biologically yours. The court will likely order that a paternity test be taken in order to prove your claim, and once the judge sees the results they will make their final decision.
When dealing with the legally binding contracts that come along with a divorce, it is comforting to know that a modification can be made in extenuating circumstances. However, it is essential that you realize a divorce contract is a “finalized” document and should not be looked at as something to be adjusted down the road. As stated these modifications are only made in very specific circumstances, and should never be looked at as the norm. If you have questions, talk to an experienced family lawyer about your situation.
How to Obtain a Modification
A modification to a divorce settlement will require an official recognition by the court, even if both parties agree. It is important not to establish even an informal change to child custody or other agreement without obtaining permission from the court. If you are finding yourself back in court after your divorce, my firm can help you amend the divorce decree. I can help you prepare the documents and records that you will need for the court to accept the modification.
Contact the Law Offices of Evan Samuelson for a Consultation
As an experienced family law and divorce attorney, I can help file motions with the court asking the judge to modify prior orders for the purpose of accommodating these new circumstances. At the Law Offices of Evan Samuelson, I understand that everyone can experience a life change that requires a modification of an existing parenting plan or other post-judgment issue.
With more than 25 years of experience, I am prepared to encourage the court to respond to the changes that have affected your family. To learn more about the requirements of a post-divorce modification, contact us today!
