Are you seeking modifications to your North County or Carlsbad divorce orders? What must occur for you to successfully pursue a change in orders relating to:
- spousal support
- child support
- child custody or parenting time
- domestic violence or abuse
The answer to your question is actually quite legally complex. The decision of whether or not the Court will hear your case will be based upon your unique circumstances. Usually, the divorce orders themselves contain a description of the “status quo” at the time of the divorce. This includes a baseline of each party’s income and lifestyle.
In most cases the Court will require a significant change in the status quo before it will hear a request to modify orders regarding child custody or parenting time, child support, or spousal support.
What usually constitutes a significant change in the status quo? Generally speaking, this usually requires the income of either of the parties rise or drop by more than 10%. The Court will usually consider at least temporary changes if one of the former spouses has lost their job altogether.
Serious injury, a health issue or incapacitation will obviously impact the income and financial capabilities of either of the parties. The development of addictions such as alcohol or drug abuse or the recovery from a former addiction can also have a substantial impact on orders relating to child custody and/or parenting time.
Other factors for seeking modifications to your North County or Carlsbad divorce orders may include remarriage or cohabitation with abundant resources, relocation of one of the parents, incarceration, or a significant development in the life of a child such as special needs, a health issue or educational requirements.
The Courts are heavily booked, and do not have time to hear each and every case that former spouses would care to bring. They are available to help guide the parties through significant changes in the status quo. Mediation is also a cost-effective and timely alternative to managing changes in your life after a divorce.
We invite you to contact Burke & Domercq or call 760-434-3330 to schedule an appointment with one of our experienced attorneys. We can review your existing orders and the changes that have occurred since the time of the divorce. Based upon this information we can provide sound advice on the likelihood of success and options regarding the modifications you wish to accomplish.