What is the process for modifying orders after your divorce decree has been issued? Is it possible to seek changes to the orders issued by the judge in your divorce case? Are you looking to seek a reduction or an increase in child support, spousal support or hold your former spouse accountable?
When a divorce decree is issued by a Judge in North County it addresses all aspects including child custody and parenting time, child support and spousal support, as well as the division of community property.
What happens if the spouse awarded the family home fails to make the mortgage payment?
Can you seek an increase or decrease in support payments?
In the first case, the experienced attorneys at Burke & Domercq help to protect those who are suffering damage to their credit due to the non-payment of a mortgage. It may be possible to have the orders reversed and gain control of the house yourself. It may be as simple as seeking the assistance of the court to enforce the orders previously issued.
Modifying orders after your divorce decree usually require a significant change in the “status quo.” If an increase or decrease in child support or spousal support is requested, the court will want to know what has changed since the date of the divorce decree. There must usually be a substantial change in the income or circumstances of one or both of the parties in order for the court to hear the case.
This can include a substantial increase in income for either the payor or the recipient of the child or spousal support. If you lose your job or suffer a reduction in pay you may request a reduction in your support obligations. In other cases, the parties may agree to increase the amount of parenting time for the party paying child support and this may change the amount of support needed to meet the requirements for the care, health and safety of the children.
Another example is recovery from alcohol or drug abuse. This may warrant an increase in parenting time or the removal of “supervised visitation” orders. If parenting time is going to increase it may impact the amount of child support ordered in your case.
Modifying orders after your divorce decree can be quite complex and require the expertise of the proven Carlsbad Certified Family Law Specialists at Burke & Domercq. We invite you to review the recommendations of our clients and contact us or call 760-434-3330 to schedule an appointment with one of our experienced attorneys.