Post Judgment Modification Attorney in Orange County, CA

Modifying California Spousal Support, Child Custody & Support Orders

Image of stoneAfter a divorce settlement, life changes… jobs change, incomes fluctuate, people move, medical problems and expenses surface –but your court ordered custody, visitation and/or support payments remain legally etched in stone. What can you do?

Many people are under the mistaken notion that when a divorce is “finalized,” there is no going back to change or alter the divorce agreement. Fortunately, ex-spouses experiencing changes in life circumstances may be able to request a post judgment modification to adjust the terms of an agreement or divorce settlement to better-suit their current situation.

Post judgment modifications – become necessary when a ex-spouse’s circumstances change so drastically that they are between a rock and a hard place; when attempting to adhere to the terms of an original divorce settlement becomes impossible. It is very common in these economically challenging times for loss of employment, reduction of hours (employers avoiding Obamacare penalties), or an accident or serious illness prevent either spouse from working and making money as they did at the time of the divorce agreement. Under such circumstances, it can become difficult or even impossible to keep paying the current amount of child support or spousal support. Conversely, if you are the custodial parent and your earnings have dropped or ceased, while your ex-spouse’s earnings are increasing, you need help to make sure that you and/or the children are properly cared for.

When a significant change happens in your life – you may be able to request a post judgment modification of your spousal support and/or child support payment amounts, child custody and visitation arrangements to better dovetail with your new circumstances. This option is available to either spouse for changes in either or both spouses life circumstances. Ed Fahlen is an Orange County post judgment modification attorney with 27-years of experience who has assisted numerous people throughout Orange County petition the courts to make allowances for their new situations.

Helping Clients Win a Post Judgment Modification

Ed Fahlen can help you request a post judgment modification and explain to the court on your behalf that you —or your spouse— has experienced a significant change in your life circumstance(s) that requires modification of:

  • Child custody and visitation schedules
  • Child support orders
  • Spousal support (aka alimony) orders

Common Reasons for Request of Post Judgment Modification

Job Loss: Obviously the loss of a job is reason enough to request a post judgment modification. REMEMBER: That the paying spouse is on the hook for the original agreement and any arrears are subject to a 10% interest fee. Past due court-ordered payments can accumulate quickly –burying you in non-inescapable debt for years. The ‘ball is in your court’ for starting the process of adjusting your court ordered payment amount. Call Ed! (714) 395-5669

Increase or decrease in earnings: if the decrease or increase is significant, then either party to the original court agreement can request a modification: the paying ex-spouse because of the difficulty of keeping his or her head above water, or the receiving ex-spouse in the instance where the paying spouse’s income is significantly increased and you are barely able to live and/or raise your child based on the original agreement.

Career change: A new job or promotion can often significantly affect income. Ed Fahlen can help either spouse request a post judgment modification for child support and/or spousal support payments to reflect these changes in income.

Remarriage or cohabitation: When a parent chooses to cohabitate with someone or actually remarry (especially when the cohabitating/remarrying ex-spouse is the one currently receiving child support and/or spousal support), the paying ex-spouse may want to request the court to change child support and spousal support payments.

Illness or injury: If you or your child is hurt in an accident or is afflicted by an illness, there will likely be time loss from work, less income and significant and growing medical expenses that could cause you to be unable to meet your financial obligations. Ed can help you request an adjustment from the courts to address these changes.

Allegations of substance abuse: If a parent is abusing drugs or alcohol, custody and support arrangements can be changed as the court’s primary concern is the “safety and well-being of the child.” Custody and visitation changes may be altered. In some cases, the court will rule that a child’s continued access to a parent —regardless of some drug issue— is still in the child’s best interest, and mandating “supervised visitation” until such time as the court is convinced the offending parent has dealt with their substance-abuse issues.

Parental relocation (also referred to as “move-aways”): When a parent wants to move away with the child or from the child, child custody and visitation issues are paramount. Sometimes a custodial parent has found a well-paying job in another county or state and wants will claim that better economics will be in child’s best interest. Other parents with primary custody will decide that now that they are a single parent here in California. that moving back to their home state –close to their parents, grandparents and siblings– will offer a network of extended family support that will benefit the custodial parent and by extension the child. Attorney Ed Fahlen can assist custodial parents who want to move away and take the child along. Similarly, Ed can work with noncustodial parents who have good and convincing grounds to oppose such a move away. At all times, it is paramount to consider the “best interest of the child” when considering these moves.

Allegations of domestic violence: The home where a child resides or visits should be safe and nurturing and not a place of violence. Ed Fahlen will aggressively demand court-ordered changes to child custody agreements to remedy issues that may endanger the child.

Non-Adherence to Divorce Agreements

Another reason why a post judgment modification may become necessary is if one party does fails to adhere to the original divorce agreement. For example, if one party was tasked with selling a marital asset and then allocating half to the other party and fails to perform, Ed Fahlen can take the necessary legal actions to remedy the situation through a post judgment legal procedure.

Careful What You Ask For…

Not every life change or frustrating issue will raise to the level of taking the court’s time or qualify for a post judgment modification, therefore it is important to talk with an experienced Family Law attorney to discuss your situation and brainstorm the options that might be available to you. Modification requests and appeals are more successful when drafted and taken forward by qualified legal counsel with regular experience in these legal matters.

NOT a Do-it-Yourself Undertaking!

Orange County Divorce Attorney LawyerAttempting to navigate through the necessary paperwork to handle these important requests by yourself is the last thing you should attempt alone. Ed Fahlen will work with you in and out of the courtroom to obtain the results you desire and that have the best possible chance for receiving the court’s concurrence and approval.

Free Introductory Meeting

Orange County Divorce Attorney Edwin FahlenI encourage you to reach out to make that free introductory meeting with me by calling (714) 395-5669. There is absolutely no pressure whatsoever. Typically, people will want to sit down with a divorce attorney to discuss their current circumstance and to learn of their options. I am pleased to offer this complementary legal service to residents of Orange County and beyond.

If it is late at night or inconvenient to call me, please email me using my CONTACT US form on the left side of the screen. This form comes directly to my desk. I will contact you the minute I see it.

Conveniently located in Fountain Valley

We are located off the 405 Freeway. Here is a picture of my office building and a Google Map to get your bearings.

Law Offices of Edwin Fahlen