Modification and Enforcement Lawyer
A final Judgment does not necessarily mean the end of litigation in California. Quite often, orders for custody, visitation or support must be changed or modified when there has been a "material change of circumstances." This rule applies to any form of support. If the parties stipulated to a child support order that is below the statutory guideline, no change in circumstances need be demonstrated to obtain a modification to the guideline level or above. A change in either parent's financial situation is not, by itself, grounds for modification. Rather, the court must examine both parties' circumstances as a whole.
If you have an existing court order that is not being complied with by the other parent, there are remedies and procedures for enforcing the Judgment or order. The court has broad discretion to select the appropriate enforcement remedy and will take the equities of the situation into account.
If you have questions about your practical ability to modify a custody or support order now in effect, or if you have questions about an enforcement issue, the Law Office of Jacqueline Y. Blade can evaluate your particular situation and advise and represent you. Contact us in Westlake Village to work with an experienced modification and enforcement attorney.
We counsel and advocate for people in Ventura County and nearby communities such as Agoura Hills, Sherman Oaks, Woodland Hills, Malibu and West Los Angeles. While our main approach is to look for ways to creatively resolve your problem without the need for litigation, our firm's mastery of the details of family law disputes represents a strong advantage for our clients when disagreements need to be resolved in court.
Modification issues are always highly sensitive to the facts of a given situation. Our ability to assemble and present the evidence of greatest relevance in a contested case often achieves a positive result in court.
Westlake Village Child Support Modification Attorney: Call 805-496-2311
Modification of an existing family court order is accomplished by filing an Order to Show Cause motion and giving notice of the hearing date to the other party. The person seeking modification of a current court order bears the burden of proving that a new order is necessary in light of substantially changed circumstances that lie outside the moving party's control.
Many times a case is prepared for hearing, then negotiated and settled prior to the hearing date. A judge will still need to approve a stipulated agreement for modification that reflects the parties' settlement, but you can avoid a great deal of expense and uncertainty if an agreement can be reached.
Dealing With Family Court Enforcement Problems
We also advise people about enforcement of family court obligations, both as the moving party and as the respondent in default. The objective in these cases is generally to find a way to compel productive compliance with the terms of the order rather than to punish violations, although contempt of court sanctions can certainly get an offending party's attention.
When representing people who have failed to comply with a family law court order, we work toward vigorously defending you while finding practical and realistic ways to bring your obligations current. In some situations, your defense is in conjunction with a motion to modify the order simply because you are unable to comply.
To find out more about the ways you can benefit from the advice of a lawyer experienced with modification and enforcement issues in the family courts of Southern California, contact the Law Office of Jacqueline Y. Blade in Westlake Village.