Los Angeles Modification of Support Attorneys
There are situations where it is necessary and appropriate to ask the courts to modify a spousal support or child support order. The process can be challenging without the help of a Los Angeles modification of support lawyer who can guide you through the steps needed to successfully secure a modification. Careful preparation in collaboration with an attorney can improve your chances for success in court.
Los Angeles Practice Areas
Los Angeles Attorneys Seeking Child Support That Reflects The Other Parent’s Income
If you suspect your ex-spouse’s modification request is not honest, our Los Angeles support modification attorneys can help you fight it. Likewise, if that person has experienced an income increase with a new job, inheritance, remarriage or otherwise, you can request a modification to increase his or her contribution. Our firm retains experts in appropriate cases, to determine the other parent’s situation. If he or she has won the lottery or received an inheritance, we believe your child should benefit also.
Why Choose The Dorie A. Rogers, APC?
Following a child custody case or divorce, the courts often set spousal or child support orders to ensure children and former spouses have the financial resources to support their basic welfare. The Dorie A. Rogers, APC, understands that there are times when it is appropriate to ask the courts to modify these orders.
Our legal team brings over 30 years of experience helping individuals in Los Angeles successfully modify their child or spousal support order. We can help you understand how the modification process works and whether or not you qualify for the request. If we move forward, our team can be there to draft documents, set a hearing date, and represent you in court.
Understanding Spousal and Child Support in Los Angeles
Child support is based on strict formulas outlined in California Family Code § 4055. While spousal support is not always ordered as part of a divorce, child support is a common outcome following a child custody case or divorce involving children.
Spousal support is more flexible and set at the discretion of the judge. While child support runs until the child is 18 (and possibly after if they are still in high school), spousal support can be set on a short- or long-term basis.
One of the shortest arrangements would be a temporary order for spousal support that lasts for the duration of the divorce. Other orders may only last a set number of years or until the spouse finds gainful employment or remarries.
What Judges Consider When Setting Support
When setting child support, the courts closely follow state guidelines. A judge may consider the income of both parties, custody arrangements, the living standards of both parents, the parent’s ability to pay, and the needs of the child.
In cases where one parent has primary custody but is financially disadvantaged, child support payments can allow for a more even distribution of resources for child-rearing purposes. Some cases that involve 50/50 custody may not require child support payments, although there is no guarantee that a judge will not set some type of child support order.
Modifying and Enforcing Support Orders
While court orders have the effect of finality, there are times when modifying a child or spousal support may be called for. One example would be if one parent takes on greater parenting responsibilities or if the obligor becomes seriously ill or disabled and can no longer make their court-ordered payments.
Court orders are also enforceable. If one former spouse does not follow a court order to pay the other parent, the party that receives support can work with an attorney to file an enforcement action.
Both sides then have the opportunity to present evidence and oral arguments. If the obligor is found to be in contempt of court, a judge has multiple options for punishing that individual and compelling them to pay what they are obligated to under the order.
Why Legal Representation Is Critical
When modifying child support or spousal support, it is critical for both parties to be open and transparent about their finances and other areas that the courts consider when approving modifications. Having an attorney can ensure that your former spouse does not get away with making false statements about you.
An attorney ensures that their client’s rights are protected throughout the modification process. It is crucial for a modified order to be fair and based on the facts of the case and not one party’s interests. A family law attorney in Los Angeles can make sure your interests are considered by the courts before a modification is considered.
FAQs
Can Child Support Be Modified in California?
Yes, child support can be modified in California if there is a significant change in circumstances. Common reasons include job loss, income changes, custody adjustments, or new financial obligations. A modification request must be filed with the court, and both parents must provide updated financial information for the judge to review before making a decision.
Can Spousal Support Be Changed in California?
Yes, spousal support can be modified if there is a substantial change in circumstances. This may include job loss, remarriage, retirement, or significant financial changes. Either spouse can request a modification by filing a motion with the court. The judge will assess the new circumstances and decide whether to increase, reduce, or terminate support.
How Can I Increase My Chances of Winning a Child Support Modification Case?
To increase your chances of winning a child support modification case, gather sufficient evidence of changed circumstances, such as pay stubs, tax returns, or medical bills. Show how your financial situation has changed since the original order. Keep accurate records of child-related expenses and custody arrangements. A lawyer can help present your case effectively and argue for a fair modification.
What Is the Latest Child Support Law in California?
In California, child support laws follow guideline formulas under Family Code § 4050-4076. Recent updates focus on income adjustments, self-employment deductions, and fair treatment of parents with fluctuating earnings. Courts now emphasize accurate income reporting and may consider a parent’s earning potential when determining payments. Always check for new updates with legal counsel.
Schedule Your Child Support Modification Today
Whether you are seeking a modification or fighting one in family court, The Dorie A. Rogers, APC, can provide you with knowledgeable and effective legal counsel. Once we understand what your goals are, we can gather evidence and anticipate what your former partner’s next moves may be.
By planning ahead and being prepared, our law firm can ensure that your rights are protected and you stand a strong chance of achieving your goals in court. To learn more, contact our office today to schedule your support modification consultation today.
“Dorie is a very powerful attorney and a great asset to have on your side in any family legal matter. She is extremely bright and insightful, and I got everything I asked for in my lawsuit.”
“I would strongly recommend Ms. Dorie Rogers for any legal needs. During my Divorce proceedings, Dorie’s professionalism, expertise in Divorce Law and legal skill helped bring my case to a close in both a timely and mutually agreeable manner.Additionally, Dorie took the time to understand me and my background to better represent me in my case. She showed a level of caring and concern that helped me through a very difficult time. She is an outstanding lawyer and wonderful person.”
“Second to none – I wouldn’t hesitate to recommend Dorie to anyone. She was my attorney for my divorce and custody case. She will do everything it takes to get the job done and all with a smile on her face. Her knowledge and expertise will assist anyone in a family law situation get the results they want.”
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