Experienced Legal Guidance For Modifications Of Divorce Orders
Your divorce order was created based on your family’s unique situation at the time of divorce. However, circumstances change overtime. People remarry, have more children, are promoted and lose their jobs. As life changes, the original divorce order may no longer meet your, or your family’s, needs. Fortunately, you can modify divorce orders in family court if you can demonstrate the need to do so.
At The Law Firm of J. Hector Moreno, Jr. & Associates in San Jose, our attorneys can help you seek a modification – or oppose one that will adversely affect you – of arrangements for child custody, spousal or child support, or other ongoing commitments in a divorce case.
To adjust your child support, or spousal support obligations, you will need to demonstrate a material change in financial circumstances. This can include any number of significant life changes including, temporary disability, the loss of a job, a promotion or other factors outside of your control.
Child custody and visitation arrangements are also subject to modification. Orders may be modified if one parents decides to move outside of the Bay area, or if their working hours change, and they can no longer take care of their child during the appointed time. We can represent you whether you are seeking a necessary modification, or whether you are looking to prevent your ex-spouse from making an unfair modification to existing orders.
When Orders Must Be Enforced
Just as changed circumstances can require a modification of previous commitments, an unexcused violation or pattern of defaults can lead to enforcement measures to protect the integrity of your agreements and the court’s orders. Any violation of a family court decree is at least technically a contempt of court, and a record of repeated violations will support an order of contempt that can land the offending party in jail. Our family law attorneys will report defaults and violations to the court if only to put the party on notice, and will request sanctions and attorney’s fees to cover the costs of the enforcement motion if the warning is ignored.
Contempt of family court is also available to enforce the continuing and automatic orders that issue whenever a divorce case is filed. These include the duty to make full disclosure of assets and income; an order not to transfer or dissipate community assets; and a continuing obligation not to discuss the shortcomings of the other parent with the children. Undermining the other parent’s relationship with a child is a serious matter that can be subject to punishment.
Discuss Your Legal Needs With An Experienced Lawyer
For additional information about our ability to advise and represent you effectively in matters concerning modification or enforcement of family court orders, contact our San Jose law offices online or by telephone at 408-440-2575.