How do you request modification of your divorce decree for child custody & parenting time, child support or spousal support? Why won’t the Court hear every request for these changes?
If a change is minor and both parties are in complete agreement you may file a motion requesting the change and approval by the Court. This simply requires the review and signature of the Judge.
The Family Law Courts in North County San Diego and across California have a long and never-ending backlog. It takes months to get a matter before the Court, and their time is precious. Therefore, the Court usually requires a substantial change in the “Status Quo” before hearing any case where you request modification of your divorce decree. Status Quo refers to the circumstances surrounding the former spouses at the time of the divorce. This includes the income of each party, loss of a job, health, domestic violence or crime and marital status.
How do you justify a change in Status Quo? Generally speaking, the Court is looking for at least a 10 percent increase or decrease in the income of one of the parties. The loss of a job may impact (at least temporarily) child support and spousal support. A substantial change in the health of an individual or the healthcare coverage contained within the divorce decree can warrant review. Remarriage of a recipient should terminate spousal support, but cohabitation is a more complex legal matter.
Any change in child custody, parenting time, spousal support or child support would require substantial documentation of the change in Status Quo. Domestic violence and criminal activity is always a game changer. Any restraining order, domestic violence or criminal conviction may have an impact on orders issued in your divorce decree.
The Family Law Certified Specialists at Burke & Domercq can help you to request and achieve the change you desire. We also represent parties who oppose those who request modification of your divorce. If you are concerned about a change in the status quo and wish to request modification of your divorce decree contact Burke & Domercq or call 760-434-3330. Learn how our attorneys can help you to accomplish your goals in a timely and cost-efficient manner.