Changing the Terms of a Support or Child Custody Order
Few legal subjects are as forward looking as family law. Most divorce cases not only represent the end of a marriage, but also the beginning of a new set of rights and obligations concerning child custody, visitation, child support, and spousal support. Because the facts and assumptions that resulted in the original commitments are subject to change, the law allows for their modification on a showing of changed circumstances.
Contact an experienced California divorce lawyer at The Law Firm of J. Hector Moreno, Jr. & Associates to learn about modifying — or opposing the modification — of arrangements for child custody, spousal or child support, or other ongoing commitments in a divorce case.
Ordinarily, an upward or downward adjustment in payment obligations will depend upon the moving party's ability to demonstrate a significant and material change in circumstances, such as involuntary unemployment, a period of disability, a substantial change in the child's needs, or other factors beyond the control of the person making or receiving the payments.
Child custody and visitation arrangements are also subject to modification, as in cases where a parent's hours of employment change or when a parent decides to move to a location distant from the Bay Area. Whether you need an adjustment in your custody arrangement, or oppose the other parent's proposal for a change, we can explain your rights and obligations, and go to work to protect your core interests.
Enforcing your rights under a child custody agreement or support order
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. Bay Area family law attorney Hector Moreno, Jr. 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.
For additional information about our ability to advise and represent you effectively in matters concerning modification or enforcement of family court orders, contact The Law Firm of J. Hector Moreno, Jr. & Associates.
