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April 19, 2010
  Post-Judgment Modifications: An Overview
Posted By Claery & Green

Few things in life ever remain completely the same. In regards to family law in particular, it's not uncommon for things to change in the years following a divorce. Parents might be earning a different level of income, they may have suffered a serious injury or have been diagnosed with a debilitating illness, or they have remarried or relocated to another city or state. Fortunately, family law judges recognize this, and are often willing to change a court-order after a divorce has already been settled. When a judge agrees to change or amend an existing divorce settlement or court order, it is referred to as a post-judgment modification.

There are three main types of post-judgment modifications:

As a general rule, people must prove that a significant change in circumstances has occurred that warrants amending an existing court-order. This might include a sudden injury, a death in the family, an unexpected job loss, a remarriage, or a medical condition that makes it difficult to work or care for children.

If you are interested in modifying a court-order, but are unsure of how to go about it or whether or not you even qualify for a modification, please feel free to consult a Los Angeles divorce attorney at Claery & Green. At our firm, we have a great deal of experience in all areas of California family law, and have helped numerous clients throughout Los Angeles seek modifications. We know a successful modification can make a huge difference in your life, which is why we are so committed to doing everything we can to ensure your request for a modification is granted.

To arrange a consultation to discuss your situation in more detail, contact the office at (310) 362-2273 today!

Continue reading "Post-Judgment Modifications: An Overview" »

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February 23, 2010
  Modifying Child Support After Your Income Changes
Posted By Claery & Green

Child support guidelines were created to ensure parents pay an amount that is within in their means while at the same time provides their children with the support they need to continue enjoying the same standard of living they had while their parents were married. The amount a parent pays is not universal, but rather is based on the parents’ levels of income and the number of children in need of support.

After a divorce, circumstances sometimes change and a parent may need to change or modify the child support order in response to those changes. Judges are supposed to grant a modification if the parent can prove he or she experienced a significant change in circumstances, such as an unexpected job loss or medical emergency.

While this is supposed to happen, often it does not, much to the frustration of the parent needing the modification. This situation happened to Anthony Fernandez, a Nevada man who was ordered to pay $80,000 a year in child support while earning $500,000 to $4 million a year in the stock market. After the economy soured and the stock market crashed, Fernandez took a job as a car salesmen, where he brings home roughly $3,000 a month.

Obviously unable to keep up with his child support obligations, Fernandez asked the Nevada Supreme Court to grant him a modification, but the court said his case must be heard by the district court. If the lower does not grant Fernandez a modification and lower his child support obligations, it will be nearly impossible for him to continue making payments. How the court expects a man making $36,000 a year to pay $80,000 in child support is beyond reason.

Do You Need to Modify Your Child Support Order?

As you can imagine, this is an incredibly frustrating situation to be in. If you have recently sought a modification but were denied, a Los Angeles child support lawyer at the Claery & Green can help you appeal your modification or seek another. We understand that sometimes life’s circumstances change, and strongly believe the courts should be willing to amend previous court orders when such circumstances occur. To schedule a consultation with an attorney at our office to discuss your post-judgment modification, please contact Claery & Green today at (310) 362-2273.

Continue reading "Modifying Child Support After Your Income Changes" »

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