POST-JUDGMENT ENFORCEMENT ATTORNEY IN ONTARIO, CALIFORNIA
According to the U.S. Census Bureau, less than half (45.9 percent) of custodial parents who were supposed to receive child support actually received full child support payments in 2017. A divorced couple may request the court to modify or enforce an original decree or order by filing a post-judgment motion. If you wish to modify an existing divorce order, spousal support, child custody agreement, visitation order, or support arrangement, it’s important that you consult with a knowledgeable family law attorney as soon as possible for detailed guidance.
At the Law Office of Shelly Jean John, I am committed to providing experienced legal services and comprehensive representation in legal matters related to post-judgment enforcement or modification. As your legal counsel, I will help you understand your options and guide you in a direction that works best for you. Whether you want to modify or enforce an existing spousal support arrangement, child support, or custody order — I can offer you the comprehensive legal guidance and advocacy you need.
My firm, the Law Office of Shelly Jean John, proudly serves individuals and families throughout Ontario, San Bernardino County, Riverside, and Riverside County, California.
WHAT IS A POST
A post-judgment modification is a motion filed by either party after a legal separation or divorce to modify an existing court order. Typically, this party is seeking that some divorce orders or existing arrangements should be modified. When there is a substantial change in circumstances or a breach of the terms of the judgment, either party can file a post-judgment motion.
UNDERSTANDING THE DIFFERENT TYPES OF POST-JUDGMENT MODIFICATION
There are a variety of different post-judgment modifications that either spouse can file following a divorce or separation. Some of the most common types of post-judgment modifications in California include:
Disputes regarding child-related matters, including support, custody, and health care issues, can result in post-judgment litigation.
If there is a substantial change in circumstance, either spouse may file a motion for the court to modify the amount or duration of spousal support or alimony.
If an ex-spouse is deliberately defaulting on his or her child support or alimony obligations or failing to follow court orders, an aggrieved spouse may file a contempt action requesting the court to enforce an original family law order and punish the delinquent spouse.
Some other types of court judgments that may be modified include allocated parenting time, tax exemptions, and children's health benefits.
HOW TO SEEK CHILD CUSTODY & VISITATION MODIFICATIONS
Either parent can seek a modification of a child custody agreement or visitation order at any time. According to California Family Code Section 3022, the court may find the modification "necessary" if it is in the best interest of the child. Common reasons to seek a change of custody or visitation order include:
A change in the work schedule of the non-custodial parent
A change in the child's preferred parent
One parent is being irresponsible or has substance abuse issues
Under California law, either parent can request child support modifications if you believe you are paying too much or receiving too little in child support payments. A recalculation will be done if any of the following elements are true:
The original computation was incorrect
You have a new child
Your income has been reduced or increased
The other parent's income has been reduced or increased
There has been a change in the amount of time either of the parents has the child(ren)
It’s important to note that the parent seeking the child custody, visitation, or support modification needs to show the court that there has been a "significant change of circumstances" since the original order was made.
SEEKING SPOUSAL SUPPORT MODIFICATIONS OR TERMINATION
A spousal support judgment may be modified or terminated if there has been a "change in circumstances" since the original partner support order was made. Such circumstances that may prompt you to file a motion to modify or terminate spousal support include:
Involuntary loss of employment
Retirement with a substantial reduction in income and resources
Remarriage of the supported spouse
Increased or decreased income
Increased living costs
Cohabitation by the supported spouse
Failure of the supported spouse to make any effort towards becoming self-sustaining
HOW THE MODIFICATION PROCESS WORKS
The post-judgment modification process involves filing a Request for Order and personally serving a copy of the motion on the other spouse. A judge or commissioner will hear the motion, review the case, and issue an order. In many instances, there will be another trial, though usually less extensive than the first one.
WORK WITH AN EXPERIENCED POST-JUDGMENT ATTORNEY IN ONTARIO, CA
Family law orders aren't set in stone. In many cases, just because your divorce has been finalized doesn't mean the existing order can't be altered to meet your needs. If you are trying to modify an existing divorce order, alimony/spousal support arrangement, child support order, or file a post-judgment motion, it is crucial that you speak with a knowledgeable California family law attorney to protect your rights and receive detailed guidance.
At the Law Office of Shelly Jean John, I have dedicated my career to handling complicated family law and divorce issues related to post-judgment enforcement and modifications. Using my extensive experience, detailed knowledge, and my compassion for the needs of you and your family, I will review every detail of your case, evaluate your unique situation, and work hard to craft a solution that works for you and your family.
As your legal counsel, I can help you modify an existing arrangement if you've experienced major life changes. Even if the other party isn't abiding by the existing family law orders, I can help you enforce the judgment. With a skilled attorney like me on your side, you can increase your chances of getting a favorable outcome in your post-judgment litigation.
EXPERIENCED POST-JUDGMENT ATTORNEY SERVING ONTARIO, CA
Contact the Law Office of Shelly Jean John today to schedule a one-on-one consultation with an experienced California post-judgment attorney. I can offer you the comprehensive legal counsel and advocacy you need to modify or enforce any family law decree. I proudly serve clients throughout Ontario, San Bernardino, and Riverside County, California.