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Modification of Child Custody and Child Support

Few legal subjects are as forward looking as family law. Most divorce cases not only represent the end of a marriage, but also the beginning of a new set of rights and obligations concerning child custody, visitation, child support, and spousal support. Because the facts and assumptions that resulted in the original commitments are subject to change, the law allows for their modification on a showing of changed circumstances. In fact, many orders are entered into with the idea that spousal support will end at a date in the future and child support ends at the age of majority of the child. While, a Judgment can end the division of assets and debts, the issues of child support, spousal support, and custody can be ongoing for years. Without protection of a strong attorney who knows the law and your rights, you could have a great Judgment and then have it be changed to disfavor you if you are not careful.



Child support is modifiable as long as the obligation exists.

Ordinarily, an upward or downward adjustment in payment obligations will depend upon the moving party’s ability to demonstrate a change in circumstances, such as involuntary unemployment, a period of disability, a change in the child’s needs, or other factors beyond the control of the person making or receiving the payments.



Custody and Visitation are also subject to changes. Because people's lives change, custody and visitation arrangements are also subject to modification, as in cases where a parent’s hours of employment change or when a parent decides to move to a location distant from the Bay Area. Whether you need an adjustment in your custody arrangement, or oppose the other parent’s proposal for a change, we can explain your rights and obligations, and go to work to protect your core interests.



I have been on both sides of the "move away cases." Meaning a parent who wants to move out of the area with the child(ren) or the parent who objects to the child(ren) moving out of the area. There are very specific factual elements that the Court considers when decided a "move away case." The sooner you have legal representation in a case like this, the better.

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