San Jose Modifications Lawyer
At The Law Office of Patricia M. McKinnie in San Jose, our modifications lawyer offers experienced, understanding, and resourceful guidance to clients seeking or objecting to post-divorce modifications of child custody, visitation, child support or spousal support.
San Jose and Milpitas Custody Modifications Attorney
In California, all child custody determinations — including custody modifications — are to be decided based upon the best interests of the children. Some parents may want to modify custody for many deceptive reasons, such as to decrease child support obligations by requesting more visitation/parenting time, or to deprive the other parent of his or her parenting time. In order to fully protect the interests of your children, it is important that requests to modify child custody — or to contest modification — are made in good faith and to serve the best interests of your children. The following are examples of reasons many parents seek to modify child custody or visitation time:
- Child and parental relocation
- The parenting schedule cannot be accommodated due to the child's or parents' schedules, such as when sports or other after-school activities interfere with the visitation arrangement
- A parent is suspected of child abuse or neglect
Quality Counsel Addressing Your Child Support Modification Needs
Both parents are responsible for supporting the financial and medical needs of the child. If there is a significant change in circumstances, the percentage of support that a parent is responsible for may change. For example, if the parent receiving family or child support payments has a new job that brings in significantly higher income, or if the parent paying child support loses a job or has lower income than when the support was ordered, or if a spousal support order terminates, it may be necessary to modify the existing child support order.
Our family law firm can assist you in requesting or challenging an application for modification of child support in these situations. We can also assist you if a modification is warranted due to any other significant change in circumstances, such as a change in the child custody and visitation schedule, an increase or decrease in either parent's income, or if the parent paying support is incarcerated.
Did you know?
- If one parent is failing to comply with the existing child custody and visitation arrangement, or is failing to pay child support or spousal support in accordance with court orders, we can assist you in seeking enforcement of family court orders.
- Requesting an increase in child support does not automatically result in an increase or decrease to the other parent's visitation rights. Custody and visitation determinations are separate from child support proceedings. Although many factors are considered in each case, one issue does not automatically lead to the other.
- If one spouse fraudulently withheld information regarding assets during the divorce process, it may be possible to obtain a post-divorce order or judgment modification to the property settlement agreement.
- If a spouse who was receiving temporary spousal support obtains the necessary vocational retraining and increases earning capacity, or becomes self-supporting, a modification or termination of spousal support may be warranted.
Myth: Once child custody is determined, it is set in stone until the child turns 18.
Fact: The court recognizes that circumstances change. An arrangement that may have worked when it was established may not serve the best interests of the child and the needs of the family years later. The court allows modifications of child custody, visitation, and child support orders in order to accommodate changes in circumstances.
Free Consultation: San Jose modifications attorney Patricia M. McKinnie offers a free 30-minute initial consultation to discuss your family law matter. Call (408) 297-2922 or complete our family law case evaluation form.