Are you considering a request for a post divorce decree modification to child custody or parenting time, spousal support or child support? What is “Status Quo” and how does it affect the likely success of a post-decree modification after a North County or Carlsbad divorce?
California family law courts are overloaded, and most courts including the family law courts in Carlsbad are looking for a significant change in the “Status Quo” before agreeing to hear a post decree case.
The “Status Quo” is a legal term which basically represents the financial condition between the parties at the time the divorce decree was issued. The court will usually want to see a significant change in the Status Quo in order to grant a request for modification of child custody or support or spousal support.
This can include a significant increase or decrease in earnings for either the recipient or the payor. If the person paying support has lost their job, or has received a substantial and permanent cut in pay (usually more than 10%) this usually represents enough of a change to warrant consideration for a post divorce decree modification.
Other changes may include the payment of healthcare insurance for the children, recovery from an alcohol or drug addiction or cohabitation by the recipient of spousal support. If the person paying support has received a substantial promotion, raise or bonus this may constitute a substantial change in the Status Quo.
What constitutes a change in the status quo for a post divorce decree modification in many Carlsbad and North County divorces? The Judges in North County often address this in the original divorce decree. There is often verbiage which addresses this specific issue and the experienced post-decree modification attorneys at Burke & Domercq can review the situation and provide sound advice based upon decades of practical experience here in North County Family Law Courts.
If you are considering a request to modify child custody, child support or spousal support orders in North County we invite you to contact our Certified Family Law Specialists or call 760-389-3927 to schedule an appointment with one of our experienced attorneys.