Modifications

The Law Offices of Barry Fischer helps spouses and parents throughout Southern California obtain modifications to existing family law orders, including child custody and support modifications, property division modifications, and spousal support (alimony) modifications after divorce.  We understand that situations change, and what might have once seemed like a fair marital settlement may not remain so after the passage of time. 

Child Custody Modifications

Child custody and visitation issues are some of the most emotionally-trying issues in family law.  Establishing a custody arrangement can be overwhelming for both parents and children.  By remaining steadfast and determined throughout custody negotiations, court battles, and while seeking modifications, we can help parents obtain a custody arrangement that promotes the well-being of all of the parties involved.

In order to obtain a modification of a child custody order, or "parenting plan," a parent must show that there has been a significant change in the parties' circumstances and that a change would be in the best interest of the child.  Sometimes, only a minor modification of visitation rights may be needed; for example, if one parent desires to take the child on a longer vacation than is allowed under the parenting plan. 

Cases involving parental relocations or "move-aways" are often more complex.  Attorney Barry Fischer has assisted parents who are seeking to relocate as well as parents who are seeking to prevent a move-away.  Whenever possible, Mr. Fischer will negotiate an amicable solution, but he will doggedly pursue litigation if an agreement cannot be made.  

Child Support Modifications

California law requires that both parents contribute to the support of their children.  How much a parent pays in child support is set by statutory guidelines that consider such factors as the parents' incomes and how much parenting time each parent receives.  Often, the court will issue a temporary support order at the outset of a divorce and a permanent support order once the divorce is finalized.  However, circumstances change, and even a permanent support order can too.  In some situations, a parent may be able to obtain a modification to pay less child support, such as if you have lost your job because of layoffs.  A parent may also be able to seek an increase in support payments if the other parent has received a promotion or increase in income.

Property Division Modifications

In most cases, the court will not agree to a modification of community property division after issuing a final divorce decree.  However, if one spouse has omitted assets during the divorce process, or if fraud, duress, coercion, or judicial error affected the property division, a modification may be justified.  In this case, the affected spouse may be entitled to between 50% and 100% of the omitted assets, plus additional attorney's fees.  However, a spouse only has one to two years (depending on the circumstances) to bring a motion to set aside a court order, so it is important to contact a qualified family law attorney as soon as possible.

Spousal Support Modifications

Court-mandated spousal support, like child support, can be modified through a court order when there is a significant change in the circumstances of the spouses.  A spouse who is paying support may be able to obtain a modification if the supported spouse remarries, completes career education and enters the workforce, loses his or her job or source of income, or even simply due to the passage of time in a temporary support order. 

Resolving Issues in a Calm & Well-Reasoned Manner

We take a unique approach to family law, advocating the importance of reconciliation and family therapy whenever possible.  When addressing family court order modifications, we examine the current order and proposed change to ensure that a modification would be in the best interest of the child and parent or spouse.  We are dedicated to helping spouses reach carefully considered, well-negotiated resolutions without difficult emotions clouding their decision-making.

To obtain family law support from an attorney with decades of legal experience, contact the Law Offices of Barry Fischer today for a free initial consultation.