Post-Judgment Modifications And What They Mean For You
Because circumstances change, provisions on child custody and visitation, child support and spousal support may be modified after the divorce is final. A child sharing plan may be changed if a party moves or changes employment, or if a child has reached a sufficient age to express an interest in changing the schedule. Child support may be modified if one of the factors considered by the California State Guidelines changes – such as income of either party or time spent with a party. And spousal support may change based upon the factors enumerated in California Family Code section 4320 – such as a change in employment or income, length of time an order has been in place, or the failure of the supported spouse to make good faith efforts to contribute to his or her self-support.
Sometimes in the years following a divorce, a parent may seek to move with a minor child. These are commonly referred to as “move-away cases.” Each case is different and determined on the unique facts of the case. The court will consider factors such as the reason for the move, the distance of the move, the bond with each parent, the roots established in the current environment, the age of the child, and the bond to the custodial parent.