Orange County Divorce Modification Attorney

Need Divorce Decree Modification?

When you receive a divorce the various areas it affects, such as child custody, spousal support, child support, property division, are settled and the Court makes its ruling. Thereafter, it is the law.  However, there are times when, after that decree, circumstances of one, or both, of the divorcing parties may change so drastically that it is advisable and available for one and/or both of the parties to return before the court in order to make a modification, that is - a change - to that original divorce decree.

If you are considering a modification, such as a child support modification, it is wise to also consider being represented before the Court to present your plea as strongly and professionally as possible. It would seem reasonable to suspect that it may highly increase your chances of a more favorable outcome. Orange County divorce modification lawyer Marc E. Mitzner has represented countless satisfied clients regarding their divorce modification and is here in Orange County to assist you as well.

Reasons for Modification

Although modification leaves the general purpose of the order intact, it changes the details. For example, one would not usually be able to appeal to do away with one's obligation for child support. However, one might appeal to amend the amount due to one's circumstances having changed.

That can also be true in the area of alimony. If the payor or the payee's circumstances have altered it may very often involve the increased or decreased income of one of the parties. That is something the Court is usually willing to address.

With regard to child support it may often be seen that the custodial parent will seek to modify the child support he or she receives, on the grounds that there is a change in economic circumstances or as simply as it being necessary because of an increase in the cost of living.

Modification can also be applied to the area of child custody. The Court always operates, first and foremost, under the control factor- the best interest of the child. If the Court determines that to continue the relationship with both of the parents is not in the child's best interest.

The Court will entertain motions for modification when the custodial parent interferes with the parental rights of the non-custodial parent.  As an example, if one parent attempts to alienate the child from the other parent. Such behavior may be considered grounds to modify custody or visitation.