Custody, Visitation, or Support Modifications
Once a court order has been made, either on a temporary basis or in a judgment, there are times that this order must be modified. Generally, a request for modification must be justified by the showing of a substantial change of circumstances since the last order was made. At the Law Office of Cameron M. Fernandez, we pursue modification of the following orders for our clients:
When a request to modify a spousal support is made, it must be demonstrated that something substantial has changed since the last order. Examples of a substantial change include, but are not limited to: cohabitation by the supported person with an unrelated member of the opposite sex, and increase or decrease in the earnings or earning capacity of one or both parties, a health reversal of either party, retirement, or a substantial increase in living expenses of either party that cannot be adequately met under the current order.
Child support is always modifiable to the extent that state support guidelines are required to be met. The state support guidelines are adjusted on at least a yearly basis to account for changes in tax laws, cost of living and other relevant factors. It is wise for parents of minor children to regularly review the amount of child support they are paying or receiving to make sure that it is the proper amount under the guidelines or if there has been a change in the other factors that are considered when the court makes a guideline child support order. Parents are also free to agree to a non-guideline amount of child support, if certain criteria is met. At the Law Office of Cameron M. Fernandez, we use state-of-the-art computer software to accurately calculate current guideline child support for our clients. We also employ unique negotiation methods to assist our clients in reaching agreements about modified child support orders.
The modification of child custody orders is a very complex field of law. The burdens of proof that must be met by a party requesting a modification depend on whether a final child custody determination has been made or if the current order is only temporary, pending further court order.
At the Law Office of Cameron M. Fernandez, we are knowledgeable and experienced in the field of child custody modifications. We understand the burdens that must be met and we understand what kind of evidence that must be presented to meet those burdens of proof. Changing a child custody order is a very serious endeavor, as it can fundamentally impact a child’s life and parents’ relationships with their children. You need the attorneys at the Law Office of Cameron M. Fernandez if you are considering a modification of a current child custody order.