Modification of Orders

Experienced and Reliable Post-Judgment Modification Attorney

The Law Offices of Sam Christopher Allevato, Attorney at Law has been providing expert legal counsel and representation to clients in and around Southern California since 2000.  Attorney Sam Christopher Allevato is knowledgeable and skilled at negotiations, litigation, and mediation.  Attorney Allevato has the experience necessary to help his clients obtain Post-Judgment Modifications when a change in circumstances has taken place since the prior order was entered into the record.

Qualifying for a Post-Judgment Modification

Attorney Sam Christopher Allevato has helps ex-spouses obtain post-judgment modifications to a wide variety of existing Family Law orders, including:

• Child Custody Modifications

• Child Support Modifications

• Child Visitation Modifications

• Property Division Modifications

• Set Aside Requests

• Spousal Support (Alimony) Modifications

Modifications to prior current orders may be granted by the Court when either party can successfully demonstrate that a change in circumstances has occurred that warrants the issuance of a new order.  The following are examples of a change in circumstances that will prompt the Court to grant the petitioner’s request for modification:

• Change in Child Custody to Modify Child Support and Visitation

• Change in Circumstances Warranting Modification of Custody in the Best Interests of the Children

• Disability or Illness to Modify Child Support or Spousal Support

• Increased or Decreased Income to Modify Child Support or Spousal Support

• Job Loss to Modify Child Support or Spousal Support

• Parental Relocation to Modify Child Support and Visitation

• Remarriage to Terminate Spousal Support

The Law Office of Sam Christopher Allevato, Attorney at Law has successfully helped numerous spouses and parents throughout Southern California to 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 relocation or “move-away” cases are often more complex.  Attorney Sam Christopher Allevato has assisted parents who are seeking to relocate as well as parents who are seeking to prevent a move-away.  Whenever possible, Attorney Allevato will negotiate an amicable solution, but he will aggressively 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 where appropriate.  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

Attorney Sam Christopher Allevato takes 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 experienced family attorney with years of legal experience, contact the Law Office of Sam Christopher Allevato, Attorney at Law for a consultation today at (714) 832-1166 or online.