Post-divorce modifications are necessary when illness, job loss, or a parental relocation compromises your ability to adhere to the terms of your divorce settlement. Typically, however, a significant change in your material conditions is necessary before the court will grant a change in child support, alimony, or visitation and custody. At Law Office of Donald P. Bebereia, our attorney represents clients who need to file a petition for a post-divorce modification. Our office gathers and prepares all necessary documentation regarding income, loss of earnings, illness, or job relocation. If you are the custodial parent and need additional support due to a change in your material conditions, the court will consider the ability of your ex-spouse to pay additional support and award an amount it believes is justified by your circumstances.
Regardless of whether you're a custodial or non-custodial parent, obtaining a court-approved modification is necessary before introducing changes in support payments or visitation schedules. To schedule an appointment and to discuss your case, contact post-judgment attorneys at the Law Office of Donald P. Bebereia today at 949-951-8822.
The family law office of Donald P. Bebereia prepares and files post-divorce modifications in regard to the following:
In order to relocate outside of the state of California, a custodial parent must notify the court and the non-custodial parent of their intention to move. The court will review a number of issues before approving any modification in custody or visitation arrangements. Since the court places primary importance on the best interests of a child, the court will determine whether or not a relocation is in the best interests of a child.
The court will consider educational opportunities in both locations, proximity to extended family members, opportunities to continue extra-curricular activities, music lessons, etc. Additionally, if a child has health issues, the court will want assurance that adequate health care is available in the new location. The court will also determine whether the move is motivated by the custodial parent's desire to exclude the non-custodial parent from the lives of his or her children.
The non-custodial parent will have an opportunity to oppose (or approve) the move, providing his or her reasons. If the parental relocation is approved, a new parenting plan must be provided as well, taking into consideration extended holiday and summer vacation time.
If illness, loss of employment, or a need to relocate has made it impossible to comply with the terms of your divorce, contact post-divorce modification attorney Donald P. Bebereia today to schedule a confidential meeting to discuss your case.