Posts Tagged ‘modification’

My son went with his mother for the summer, she refuses to return him to me. What should I do next?

In cases where a child is being kept from them, parents cannot wait for a hearing to modify custody orders, especially if the child may be in danger. In cases where you need a decision from the judge right away, you can file for an emergency motion, or temporary orders. Temporary orders are valid until… Continue reading →

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What Should Be said In a Separation Agreement

There are numerous reasons why a couple might pursue a legal separation. Whether those reasons reflect a conscious choice – religious or medical reasons – or are driven by legal technicalities, the inability to attain a tradition marriage, it is important to work with an experienced family law attorney who can guide you through the… Continue reading →

How Much Child Support Will I Pay?

Every child is entitled to financial support from both of his or her parents. With this in mind, if two parents are not raising their child together because of divorce, child support is generally required. Child support is mandated by law and if there is a support order in place, the support must be paid… Continue reading →

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I can no longer follow the judge’s orders; help!

I have been asked many times what can be done to change an agreement after a Decree of Dissolution of Marriage has been filed. All court orders issued at the time of divorce are enforceable by a range of legal actions.  However, they are also subject to modification when there is a significant change in… Continue reading →

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Parental Relocation

No one knows what tomorrow will bring.  Life circumstances change all the time.  When this happens between a divorced couple with children, child custody agreements can also change. If you are a custodial parent and are planning on relocating for your job or another significant reason, such as remarriage, you will need to seek a… Continue reading →

Same sex marriage

The areas of domestic partnership and same sex marriage could not escape the recent modification of California’s legal codes.  Specifically, registration and dissolution were affected by the new legislation known as SB 651.  This new law amended two family law sections and added two more to remove the requirement that domestic partners have a common… Continue reading →

What are post-judgment actions?

Final divorce judgments are not always final.  After it is entered by a judge, it may be necessary to request a modification. There are laws that allow a party to seek modification in the event of a significant change in circumstances.  For example: ·     Financial changes ·     Relocation ·     Remarriage ·     Change in the parenting… Continue reading →

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Alimony modification

Alimony or spousal support is paid by one spouse to the spouse with fewer financial resources when the couple divorces.  The purpose is to help the less financially advantaged spouse transition into a new life. Before alimony is awarded by the court, it must be proven that the circumstances demand such an order.  If the… Continue reading →

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Divorce and division of assets

If you are facing divorce and about to be on your own, you are naturally concerned about how your assets and liabilities will be divided. Generally, marital property is considered to be assets and debts acquired during the marriage.  Non-marital property is property acquired before the marriage.  An exception would be an inheritance received during… Continue reading →

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Can I change my spousal support payment?

Spousal support in California can be a complicated matter.  California laws allow either party to modify a support order at any time.  The court has the final determination on the modification.  If you need to modify your spousal support payment, you can file for a modification; however, many factors are considered first. The court will… Continue reading →

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