Often times, couples going through a divorce view the final decree of divorce as the absolute end of their divorce proceedings and hope to carry on a life without any further issues. While that is the case in a large percentage of divorces, there are times, however, where major changes occur post-divorce and result in the need for a modification.
We are aware that after divorce, life can change whether you are expecting it to or not. Your former spouse may lose their job or change their job resulting in much less income. Or, unexpected medical expenses can occur which creates a financial burden on the non-custodial spouse and can result in getting behind on child support or alimony payments. There are many reasons either parties find it necessary to file for a post judgment modification in Southern California, and our office is skilled at assisting families in all areas of modifications. Below, we will explore the most common reasons behind modifications, as well as illustrate how working with a mediator can help overcome these obstacles.
Either parent moving away
When either the custodial or non-custodial parent decides to move away from the marital area, this can cause a great deal of problems as it relates to the well-being of the child. The custodial parent may have a better job offer somewhere far, or move to be closer to family and obviously will want to take the child with them. However, when the non-custodial parent objects to such a big move, what can be done? By going through a mediator, I strive to keep the best interest of the child in mind while working the issues with the parents in hopes of a civil resolution.
In today’s economy, it seems like no job is safe anymore. Job changes such as a promotion, a new job, or a lost job can cause a huge financial burden on those affected, especially when there are child support or spousal support arrangements in place. When there is a significant change in income, a post-judgment modification will allow clients to modify any existing child support and spousal support payments in a manner which is fair to all parties involved.
Substance abuse allegations
Obviously, suspecting your ex-spouse of substance abuse is not something to be taken lightly, and protecting your child(ren) should be your number one priority. If there are any serious allegations of substance abuse or domestic violence occurring in the home and around the children, custody and support arrangements can be changed as a result to make sure the safety of all involved are protected.
Remarriage or cohabitation
If you are paying child support and/or spouse support for your ex-spouse and they become remarried or take up residence with another individual, it may be necessary to change the existing child support and spousal support arrangements. Working with a mediator can allow both parties to work out any issues surrounding the modification of spousal support in a way that is fair to both parties involved.
As you can see from just the few examples above, unforeseen circumstances often occur post-divorce, which can ultimately affect the former spouses or their children. When these changes occur, I can work with clients to evaluate whether the original agreement should be modified, as well as work with both parties in order to ensure the new agreement can adequately cover their present needs and circumstances.