San Bernardino Divorce Modifications Lawyer

Experienced Divorce Modifications Attorney in San Bernardino, CA

While a divorce is always final, there are times when it is necessary to modify the terms of the divorce decree. Clients who have experienced significant changes to their income and other aspects of their lives may need courts to revise court orders to reflect those changes. You can seek modifications with the help of our skilled San Bernardino divorce modifications lawyer.

At the Law Offices of Michelanne Hrubic, our experienced San Bernardino family law attorney understands that life situations change. We have helped many clients successfully petition the courts to modify their child support, spousal support, and other aspects of their divorce decree.

Hire a Divorce Modifications Lawyer From The Law Offices of Michelanne Hrubic

At the Law Offices of Michelanne Hrubic, our lead attorney is deeply committed to guiding clients through difficult and stressful legal challenges, including the process of modifying divorce decrees. If you have already gone through a divorce but now face the need to modify certain terms of the agreement — whether due to changes in income, child custody needs, or other life circumstances, our skilled team can assist you every step of the way.

As experienced divorce attorneys, we understand the complexities of modifying divorce agreements and will work to make certain that any changes reflect your current needs. We understand that post-divorce modifications can be complex and overwhelming, which is why we make it our mission to stand by your side and protect your interests. No one should have to navigate these legal matters alone.

As experienced family law and domestic violence lawyers, we are dedicated to helping you through the challenges of modifying spousal support, child custody, or other divorce-related matters. Our attorney takes the time to explain the intricacies of divorce modification law in plain language, offering clear options so you can make informed decisions about the right course of action for your future.

Reasons You May Seek a Divorce Modification

In 2023, over 1.8 million people across the United States went through a divorce. The divorce process is well-known for being complex, and the state of California also implements its own strict guidelines when dissolving marriages that may make it difficult to secure the divorce terms you want. Luckily, California allows divorced individuals to apply for modifications when certain changes in their lives occur.

The state recognizes that lives and circumstances can change quickly, and court orders may need to change to reflect that. If you need to modify your current spousal support arrangement, child custody order, or child support terms in San Bernardino, a skilled attorney from our firm can guide you through the process.

The following are common reasons Californians petition to modify their divorce orders:

• Child Custody Changes. One common reason someone may seek a modification to their court order following a divorce is to modify a child custody agreement. Whether one parent has to move far away or the other parent believes they were not awarded adequate visitation rights, they can request a modification to their current custody orders if they can prove it is in the best interests of their child.
• Child Support Changes. Child support is another area of your divorce order that can be modified. Many divorce decrees include orders for one parent to pay child support to the other parent. When the parent who is ordered to pay suffers an illness or injury, they can petition the court to modify the child support order to reflect the new, lowered earning capacity.
• Change in Income. A person may seek modification of a spousal support order due to significant life changes. Common reasons include job loss, a substantial decrease in income, or retirement, making it difficult to continue paying the original amount. If you find yourself in a situation where a modification is necessary, it’s crucial to consult with an experienced attorney to guide you through the process.
• A Receiving Spouse No Longer Qualifies. If the receiving spouse’s financial situation improves, the paying party may request a reduction. If the receiving spouse remarries or begins cohabitating with a new partner, the paying spouse can request to end payments.

What Is a “Material Change of Circumstances”?

A critical part of modifying any family law order is determining whether or not your situation is eligible for modification. According to California Family Code Section 3651, there must be a “material change of circumstances” for a child, family, or spousal support order to be modified or terminated.

The legal term refers to a change in a person’s life that is significant, substantial, and often unexpected, which also occurs after a court order is established. This means the proposed material change of circumstances cannot be temporary or minor. If your life change meets these requirements, you likely can terminate or modify your court order. The following are examples of applicable material changes of circumstances:

• Involuntary Job Loss. If either spouse loses their job unexpectedly, this can be a valid reason to alter a support order. However, a slight decrease in income or voluntarily quitting a job to avoid paying support or to try to increase support payments are not eligible grounds for modification. A substantial raise or significant pay cut is considered a material change of circumstances.
• Change in Financial Status. A major and sustained change in one’s assets or debt that occurs outside of one’s job can be valid grounds for modification.
• Acquiring an Illness or Disability. If the paying spouse acquires a severe illness or long-term disability after the divorce decree that impacts their ability to earn income, this is a sufficient material change of circumstances.
• The Receiving Spouse’s Living Situation Changes. If the spouse who receives alimony payments remarries or moves in with a new partner, they often no longer qualify for support.
• The Receiving Spouse’s Employment Changes. If the supported spouse fails to make reasonable efforts to secure employment or become self-supporting, this can be a valid reason to decrease support payments.
• Child Custody Matters. Changes that impact a child’s best interests can also be seen as a material change of circumstances and sufficient reason for a modification. Examples include a parent moving, changes in the child’s needs, and evidence of a parent’s sobriety or lack thereof.

The Difference Between Temporary and Post-Judgment Modifications

It’s also important to acknowledge the difference between modifying a temporary order and a post-judgment order. Temporary orders, known as pendente lite, are active while the divorce is pending and help maintain the status quo during the period of litigation. It is generally easier to modify these orders because you only need to show that circumstances have changed.

Post-judgment orders are put in effect after the divorce has been finalized and can be more difficult to modify due to the “material change of circumstances” requirements. Be sure to work with a family law attorney who is deeply familiar with California divorce modification laws, as they can make sure your unique legal needs are properly addressed.

Stipulated Agreements Vs. Contested Hearings

When one of the parties wishes to change a part of their divorce order, there are two ways the modification proceedings can go. If both of the ex-spouses agree to the change, such as lowering alimony or altering a custody arrangement, they can work with an attorney to draft a “Stipulation and Order” document. This can then be signed by a judge, making the new agreement legally binding without requiring a court hearing.

It is important that you work with an order modification lawyer to create an official amendment to the current legal arrangement, instead of relying on a verbal or informal agreement with your spouse. This helps to protect yourself in the event the new order needs to be enforced or is violated.

If your ex-spouse does not agree and combats the modification proposal, an evidentiary hearing will be required to show that circumstances have changed and modification is necessary. These hearings are similar to the trial process, involving presenting live testimony under oath, introducing supporting evidence, and witnesses cross-examined by the other side. These proceedings can be stressful, but with a lawyer’s help, you can reach a successful outcome.

Can a Judge Backdate a Modification in California?

In the state of California, support modifications generally only go back to the date when you officially submitted the Request for Order document. According to California Family Code Section 3653(a), a judge cannot backdate a child support or spousal support modification to a date before the formal request is filed. That is why it is important to take action as soon as possible rather than waiting.

Reasons Why Seeking a Modification Without Legal Help Can Be Difficult

Successfully petitioning the court to modify your divorce decree can be challenging without adequate legal support. You need to present clear evidence and make arguments that the modification serves the interests of all parties involved. If you cannot do so, you may not be able to secure the modification you need.

Having an attorney can help you streamline the complex modification process and make certain that your rights are advocated for. From filing the initial motions to starting the process to gathering the needed evidence to be presented in court, your family law attorney can help you navigate the court order modification process with confidence. They can also help you collect strong evidence to help you secure the changes you’re looking for.

Once your modification hearing is set, your attorney can update you on what to expect during the hearing. You may or may not need to speak in court. In some cases, your testimony may be needed to convince the court that a modification is necessary. Your lawyer can prepare you for that eventuality by prepping you on what types of questions you may be asked under oath.

What Is the Most Common Reason Someone Seeks a Divorce Modification in San Bernardino?

The most common reason someone seeks a divorce modification in San Bernardino is that they have undergone a significant change in financial circumstances, such as job loss, income increase, or a change in either party’s financial needs. This often leads to requests for adjustments to child support, spousal support, or custody arrangements.

If you are facing a major life change that impacts your divorce terms, consulting with a skilled attorney can help you navigate the process and secure the modifications you deserve.

Where Are Divorce Order Modifications Handled in San Bernardino?

Divorce modification cases in San Bernardino are most likely to be handled by the Family Law Division of the San Bernardino County Superior Court system. The primary courthouse for family law filings and hearings in the county is located at 351 North Arrowhead Ave, San Bernardino, CA 92415.

The courthouse that oversees your modification proceedings can vary depending on where your original divorce case was processed, so be sure to confirm the location with your family law attorney.

Additionally, if you are going through a divorce, the timeline can vary depending on the complexity of the case. On average, an uncontested divorce in California can take around six months, which is the minimum waiting period required by state law. However, if the divorce is contested or involves complicated issues like property division or child custody, it may take longer.

FAQs

Can You Modify a Divorce Decree in California?

Yes, a divorce decree can be modified in California if circumstances change significantly. Common modifications involve child custody, child support, spousal support, or visitation. To modify the decree, one must file a formal request with the court and demonstrate a valid reason for the change. Your San Bernardino divorce modifications attorney can be a valuable resource when it comes to filing the correct motions and representing you during the hearings.

Q: When Can Spousal Support Be Modified in California?

Spousal support in California can be modified if there is a significant change in circumstances, such as a change in income, job loss, remarriage, or retirement. Either party can request a modification, but they must demonstrate to the court that the changes warrant an adjustment to the support order. Working with a lawyer helps to make certain you collect powerful evidence that secures the changes you need.

Is It Hard to Get a Divorce Modification in California?

Obtaining a divorce modification in California can be challenging, depending on the circumstances. You must demonstrate a significant change in circumstances since the original order, such as financial changes, relocation, or altered needs of a child. Modifications are typically easier to obtain if both parties agree, but contested cases require stronger evidence.

Schedule Your San Bernardino Divorce Modification Consultation Today

Whether you are seeking a divorce modification to request more time with your children or to modify the amount of money you pay or receive for spousal or child support, the Law Offices of Michelanne Hrubic can represent you in court.

Requesting a modification can be challenging. The courts will want to see that there has been a substantial change to your earnings or financial situation, such as a job loss, promotion, or significant medical expenses.

To succeed in modifying a divorce decree, you’ll need to provide clear evidence that the changes are substantial and justify the requested adjustment. To schedule your divorce modification consultation, contact our office today. We’re ready to help you secure the modifications you need to feel confident moving forward.