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Newport Beach Modifications Lawyers

Post-Judgment Modifications of Custody & Support

Are you displeased or upset with a family law court order finalizing child custody, visitation, spousal support, or child support? Perhaps your circumstances have changed significantly or you and your ex-spouse have come to another arrangement on your own. Perhaps you were never happy with the final outcome to begin with and feel that your case was not presented properly to the court.

Whatever the situation may be, you will have to petition the family law court for a modification of the existing ruling. To ensure that your case is handled appropriately, it is essential to seek the advice of one of our Newport Beach post-judgment modifications attorneys.

Need to modify your divorce ruling? Call Bremer Whyte Brown & O’Meara at (949) 229-8546 today or contact us via our online request form.

Post-Judgment Modifications in California

The least complicated and most cost-effective way to modify a divorce ruling is when the two parties have come to an agreement on their own concerning the changes that need to be made. The parties will still have to submit their case to the court for approval. Only then will it become legally binding and enforceable.

If you and your ex-spouse are not in agreement as to the changes you believe should be made, then you will need to petition the court with legal arguments backing up your claim.

Modifying Child Support or Spousal Support in CA

Requests for child support or spousal support modifications must show a "substantial change in circumstances," either for yourself or your ex-spouse.

For child and spousal support modifications, examples of changes in material circumstances include:

  • One of the parents remarries
  • One of the parents has a job change which significantly impacts his or her income
  • The needs of the child change due to illness, injury, or other circumstances
  • One of the parents becomes permanently disabled

Modifying Child Custody or Visitation in California

The court retains the power to modify child custody, although it may only do so under certain conditions. Whereas a temporary custody order may be modified at any time so long as the proposed new arrangement is in the child’s best interest, a final custody order may not be modified unless a "substantial change of circumstances" has taken place since the order was entered.

For child custody modifications, examples of substantial change in circumstances include:

  • One parent’s detrimental absence, relocation, or failure to comply with custody/visitation orders
  • Parental alienation (conduct by the custodial parent that is designed to frustrate the child’s time and communication with the other parent)
  • Criminal or abusive behavior, including issuance of a restraining order against a parent for domestic violence

The purpose of this rule is to preserve the child’s need for continuity and stability in custody arrangements, unless a significant change in circumstances indicates that another arrangement would be in the child’s best interest. These modification requests are complicated and challenging to obtain due to the issue of upsetting the child’s stability. Because of this, you will need the skilled guidance of an experienced Newport Beach modifications lawyer in presenting your case.

Contact Bremer Whyte Brown & O’Meara today for modifications representation. Call (949) 229-8546 or contact us online.

Why Hire Bremer Whyte Brown & O'Meara, LLP?

  • Experience with Complex, High-Value Cases

  • Highly Awarded by Prestigious Associations

  • Thoughtful, Competent Representation

  • Four Certified Family Law Specialists

  • Experienced Trial Attorneys

  • 70+ Years of Combined Experience