Family law can be complicated and many people involved in a divorce, separation, child custody, etc. assume that once a court order is in place, that’s it. The truth is that modifications can be needed weeks, months, or even years after a family court order. Here are nine examples of things that can change after your court order.
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A separation can change to a divorce
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Temporary spousal support can change to regular support
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Child custody parameters can change
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Child support amounts can change
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Spousal support can change
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Collaborative divorces can turn into litigated divorces
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Postnuptial agreements are possible
California couples are able to file for legal separation instead of divorce, but in many cases they later decide it’s better for everyone to file for a divorce. This is especially true since a spouse can’t legally remarry if they’re not legally divorced.
Temporary spousal support can be ordered by a judge in many situations, including domestic violence cases, divorce actions, and legal separations. When the divorce is final, the judge has the option of making the spousal support permanent and part of the final divorce.
Child custody often changes. There are many possible reasons, including one parent moving away from the area, the child deciding they want to live with a different parent, one parent remarrying, etc.
It’s not uncommon for a parent to return to court after a divorce and ask for less or more child support. In this case, the court won’t generally approve a child support modification unless the parent who’s petitioning can prove that circumstances have changed dramatically.
The two main reasons spousal support generally changes is if the spouse receiving it no longer needs it or if the spouse paying it can’t afford to continue doing so. Once again, the party petitioning for the change must be able to prove there’s been a change in circumstances.
What start as collaborative divorces can become contested, which leads to litigation.
In a situation where the two spouses decided against a prenuptial agreement before they were married, a postnuptial agreement may need to be created after the marriage.
A significant change in father’s rights
In California, if a child is born out of wedlock then the father doesn’t automatically have rights or responsibilities. Paternity must first be established, which is generally done by both parents legally agreeing on the paternity or when the family court orders a DNA test. When paternity is established, the father may seek custody and the mother may begin to require child support.
From privacy to disclosure
When two people are married, they’re not required by law to share all the information there is about their assets or income. However, once a divorce has been filed with the court, they are required to disclose all information about their finances.
No matter where you are in the divorce or custody process, there is always room for change. If you’re ready to learn about your options then contact Kendall Gkikas & Mitchell today at 909-482-1422.
