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Post Judgment Modifications

Los Angeles Post-Judgment Modifications Lawyers

Experienced Post-Judgment Modifications Attorneys Serving Los Angeles County, CA

Many people are under the impression that when a divorce is "finalized," there is no way to go back and change the agreements that were made. Few things in life ever remain completely the same. In regards to family law in particular, it's not uncommon for things to change in the years following a divorce. Parents might be earning a different level of income, they may have suffered a serious injury or have been diagnosed with a debilitating illness, or they have remarried or relocated to another city or state. Luckily, people with extenuating circumstances may be able to make post judgment actions to adjust the terms of an agreement or divorce to suit their current situation. When a judge agrees to change or amend an existing divorce settlement or court order, it is referred to as a post-judgment modification.

Need to change your divorce order or agreement? Talk to a seasoned Los Angeles divorce modification attorney at Claery & Hammond, LLP. Contact us online or call (310) 817-6904 for an appointment.

Understanding the Essential Aspects of Post-Judgment Modifications

Post-judgment modifications are integral to ensuring that divorce agreements remain fair and applicable, given life's evolving circumstances. In California, these modifications are subject to stringent guidelines and are only granted when a significant change in circumstances is adequately demonstrated. Judges in Los Angeles consider various factors, including the welfare of any children involved and the current financial and personal situations of both parties. Understanding the legal landscape of Los Angeles when seeking a modification can be pivotal in achieving a favorable outcome.

Los Angeles has a diverse economic landscape with varying opportunities and challenges that can influence an individual's financial situation. The city's high cost of living, coupled with economic volatility, may necessitate modifications more frequently than in other regions. It is advisable to work with a knowledgeable divorce modification lawyer in Los Angeles who can navigate these complexities and present a compelling case to the court that addresses all relevant local factors.

What May Be Modified After Divorce?

Modifications can be made to a number of different orders and agreements.

Some orders and agreements that may be modified after divorce include:

It is crucial to understand that not all aspects of a divorce decree can be modified. Generally, modifications are applicable where the circumstances of the parties have significantly changed, impacting their ability to comply with the original order. This process requires a detailed understanding of legal procedures and a compelling argument presented to the court, especially in a jurisdiction like Los Angeles where family law is nuanced and complex.

What Situations May Allow for Modifications?

As a general rule, people must prove that a significant change in circumstances has occurred that warrants amending an existing court order. This might include a sudden injury, a death in the family, an unexpected job loss, a remarriage, or a medical condition that makes it difficult to work or care for children.

Other situations that may warrant a modification of a judgment are below:

  • A significant increase or decrease in either party's income
  • A job loss, job change, or other event
  • A parent's desire or need to relocate
  • A major change in the costs of caring for children, prompted by a medical problem or other event

It is important to conduct a thorough evaluation of your reasons for seeking a modification. The court aims to balance the best interests of children involved and fairness towards both parties. Consulting with a divorce modification lawyer Los Angeles families trust can greatly enhance your ability to secure a favorable outcome. Moreover, exploring alternative dispute resolution methods, like mediation, might expedite reaching an agreeable modification without the need for prolonged litigation.

Post-judgment modifications can become necessary when a person's circumstances change so much that it makes it difficult to adhere to the terms of an original agreement or settlement. Sometimes loss of employment or a serious illness can prevent a person from working and making money, which can make it difficult or even impossible to keep paying the current amount of child support that was arranged when you were bringing in considerable amounts of income. In situations like these, your divorce modification attorney in Los Angeles will help prove the necessity of the modification so that your agreement can be changed to accommodate your current situation.

Another reason why a post-judgment action may become necessary is if one party does not adhere to the original divorce agreement. In cases involving property division, one or sometimes both parties will neglect to follow the plan, which could mean that one person sells or gives away an item without dividing the proceeds equally with the other person. In these situations, a Los Angeles divorce modification lawyer can take the necessary legal actions to remedy the situation through a post-judgment action.

Get Legal Representation to Modify an Existing Court Order for Support, Visitation, Custody or Relocation

At Claery & Hammond, LLP, we can help you to get an existing court order modified. Once a judgment has been made by the court, even if you and your former spouse agree upon a change, you must get any modification approved by the court. There are several issues that could make it necessary to change a court order.

Don't take any chances, as if you fail to adhere to a divorce judgment, you could face legal problems, including being charged with contempt of court, facing wage garnishment, or other collection actions that are possible in the State of California.

Pursuing a modification can be daunting, but having an experienced divorce modification attorney in Los Angeles can make the process more manageable and increase your likelihood of success. Our attorneys understand the procedures involved and are committed to presenting a strong case on your behalf. We work closely with clients to gather all necessary documentation and evidence, ensuring that the court clearly sees the validity of your request.

Modifications of Child Support Orders

There are many issues that could require a change in child support. These can include a loss of employment, reduced wages, increased wages, or the child reaching an age in which they need more support for college or other activities. Health issues can also impact the amount necessary to get in support. Whether you are the parent receiving support or you pay support, if you need to change any aspect of your child support payments, get help from our firm.

In situations where the paying parent's income has substantially decreased, or if the child's financial needs have significantly increased, a modification request can relieve financial stress and ensure the child's needs are met adequately. It's pivotal to act promptly if circumstances change, as the modification will only be effective from the date of filing the motion, not retroactively. By consulting with us, we can help analyze your financial situation and strategize an effective plan for court submission.

Spousal Support Changes

If you have been ordered to pay alimony or spousal support and you are no longer able to make the payments due to circumstances in your life, you need to get help from our firm to get the matter resolved. If you don't pay, you can be subject to a variety of legal actions that are expensive, stressful, and unnecessary. Although the court is fairly strict about making these changes, with our help you increase the chances of a positive outcome. You will have to show a significant change in circumstances to have your spousal support order changed. Come and see us or call us to discuss your issue.

Spousal support modifications are complex, often requiring detailed financial disclosures and a credible narrative of how your personal circumstances have altered. Whether it's due to retirement, illness, or other substantial life changes, presenting a well-documented case is critical. Our team is adept at compiling the necessary financial affidavits and supporting documents to build a compelling case for modification. By doing so, we aim to make the court recognize your changed capacity to fulfill the current spousal support obligations.

Visitation & Custody Modifications

There are cases in which the parent that has physical custody of a child or children and is no longer in a position to care for them, either due to illness, addiction to drugs or alcohol, criminal activities, abuse, or other matters. In such cases, it is crucial that action is taken to get the court to change the custody order so that the children are safe from danger and cared for properly. We can help you present a case for changes in child custody. If the other parent has failed to allow you the court-ordered access to your children in visitation and continues to offer excuses as to why you cannot see your children, you can take action in court.

Visitation and custody modifications are a sensitive area of family law as they directly influence the well-being of the child. Courts are primarily concerned with the best interests of the child, which means any modifications not only require a strong legal basis but must also convincingly demonstrate that the changes benefit the child’s welfare. Our firm provides guidance and builds cases that align with these judicial priorities, ensuring every child's safety and healthy development are at the forefront of any modification proceedings.

Lawmakers and judges are concerned with protecting parental rights. A parent who continues to violate a visitation order can face legal repercussions including losing physical custody if they have a long history of doing so. We can help bring any such matter to the court's attention and seek a modification.

Need to Relocate? Here's How It Affects Your Case

Moving to another state or country is likely to require approval by the court. The judge is focused on the best interests of the children but will also consider matters such as career, access to family, and options for the resolution of custody and visitation for those who are planning to move away. If you are considering moving, or the other parent of your children has plans to move, you should discuss this matter with our California divorce modification lawyer so that you know your options.

Relocation can complicate existing custody and visitation arrangements due to logistical issues. The court will examine numerous factors, such as the potential for disrupting the child’s education, social connections, and the feasibility of maintaining a meaningful relationship with the non-relocating parent. Our firm helps you prepare a relocation application that thoroughly addresses these concerns, providing evidence and arguments that demonstrate how the move could enhance the child’s overall quality of life while preserving the relationship with the other parent.

Why Choose Claery & Hammond, LLP for Your Divorce Modifications in Los Angeles?

Choosing a legal partner in the bustling city of Los Angeles for your divorce modifications requires a firm that not only understands family law but also appreciates the unique dynamics of living in this vibrant city. At Claery & Hammond, LLP, we are committed to ensuring that our clients' needs are met with the highest level of care and dedication. With over 50 years of combined experience, our team has a rich history of relationship building, both in the courtroom and with our clients, attesting to our unwavering commitment to client communication and resolution integrity.

The competitive legal landscape in Los Angeles means that having a distinguished attorney is crucial for achieving favorable outcomes. Claery & Hammond, LLP has been featured in the Los Angeles Times and recognized by Super Lawyers, confirming our respected standing in the community. We are dedicated not only to providing strategic and results-focused representation but also to offering emotional support during what can be a challenging time. Our client-centric approach ensures that we are always accessible, respectful, and compassionate to your specific needs and circumstances.

To learn more, contact a Los Angeles modification lawyer at Claery & Hammond, LLP. You can call us at (310) 817-6904 or fill out a free case evaluation form!

Frequently Asked Questions about Divorce Modifications

How Do I Know if I Qualify for a Divorce Modification?

Determining if you qualify for a divorce modification in Los Angeles involves assessing whether your situation reflects a significant change compared to when the original agreement was made. Common qualifying changes include income fluctuation, a change in marital status, or relocation needs. To ensure you're proceeding with a viable case, it's crucial to consult with a divorce modification lawyer who can review the specifics of your situation and advise on the best course of action. Understanding the local legal environment and ensuring all necessary documentation is in order can significantly impact the outcome of your modification request.

What If My Ex-Partner Is Unwilling to Agree to the Modification?

If your ex-partner is unwilling to agree to a modification, you still have the option to seek a legal adjustment through the court system. The court will consider your reasons and any supporting evidence you provide to judge the legitimacy of your request, independent of your ex-partner’s approval. Working with an experienced divorce modification attorney in Los Angeles is essential in building a persuasive case. This process involves presenting changes in personal or financial circumstances in a manner that highlights fairness and necessity.

How Long Does It Take for a Court to Approve a Modification?

The time it takes for a court to approve a modification can vary significantly based on the complexity of the case and the Los Angeles court's schedule. Typically, the process can take several months from the filing date to the final judgment. Preparation is key to a smoother process, and having all the required documents and credible evidence organized can facilitate faster court approval. Claery & Hammond, LLP is dedicated to helping you navigate the procedural intricacies effectively to avoid unnecessary delays.

Can a Modification Affect My Custodial Rights?

Yes, modifications can influence custodial rights, especially when there are substantial changes that impact the child's welfare or the parent's ability to provide appropriate care. Courts generally prioritize the child’s best interests, so any custodial modifications must reflect positive enhancements in their living situation. It's essential to be represented by a divorce modification lawyer who comprehends the serious nature of these changes and can guide you effectively. Claery & Hammond, LLP focuses on ensuring that court decisions result in arrangements that foster child stability and well-being.

Can I Request Multiple Modifications at Once?

Requesting multiple modifications simultaneously is possible, provided each request is backed by its own significant change in circumstances. For example, if both your income and visitation schedule need adjusting due to a job change, both can be addressed together in your modification request. Los Angeles courts assess requests individually, but bundling modifications might streamline your legal process. Legal guidance is crucial to navigate this efficiently, and our team at Claery & Hammond, LLP is equipped to evaluate and structure your requests for optimal results.

Lawyers Handling Post Judgment Motions

The situations affecting families are ever-changing, and in the practice of family law, it is often necessary to accommodate these changes by applying for post-judgment motions. In certain cases, it may be possible to modify the original terms of agreements like child custody, child support, spousal support/alimony, or visitation. If your economic circumstances have significantly changed, affecting your ability to pay child support, or if a promotion at work is making it difficult for you to accommodate your current visitation arrangement, you should speak with an attorney about the possibility of a post-judgment motion.

Whether you have experienced a change in employment status, or have suffered serious injury or illness, you should look to an attorney from Claery & Hammond, LLP to assist you in filing a post-judgment motion to modify the terms of your original agreement. An experienced and skilled California family lawyer will help you through every step of the process of modifying an existing agreement, judgment, or order. Negotiating changes to an existing property settlement agreement is not easy, especially for someone with no legal training, so you must let one of our effective attorneys take control of the situation.

Call a Los Angeles Modification Lawyer Today

If you are interested in modifying a court order, but are unsure of how to go about it or whether or not you even qualify for a modification, please feel free to consult a Los Angeles divorce attorney at Claery & Hammond, LLP. Not every situation qualifies for a modification, so it is important to have an experienced lawyer carefully examining your circumstances. If your circumstances have changed significantly, speak with an post-judgment modification lawyer about the possibility of a modification.

At our firm, we have a great deal of experience in all areas of California family law, and have helped numerous clients throughout Los Angeles seek modifications. We know a successful modification can make a huge difference in your life, which is why we are so committed to doing everything we can to ensure your request is granted.

To learn more, contact a Los Angeles modification lawyer at Claery & Hammond, LLP. You can call us at (310) 817-6904 or fill out a free case evaluation form!

What Makes Claery & Hammond, LLP Different?

It's Easy. We Put Our Clients First.
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  • We Offer a Free Initial Case Consultation
  • Our Team Has Over 50 Years of Combined Experience
  • Our  Attorneys Handle All Types of Family Court Issues
  • We Solely Focus on the Areas of Divorce and Family Law

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