Post Divorce Decree Modifications to Child Custody or Spousal Support

Post Divorce Decree Modifications to Child Custody or Spousal Support in San Diego

Pierre Domercq Post Decree Modifications

How do you get spousal support, child support or child custody orders modified after a divorce decree in San Diego?  Generally speaking, in order to consider post divorce decree modifications to child custody or spousal support in San Diego the Court will be looking for what is legally described as a “significant change in the Status Quo.”  What is the Status Quo? What qualifies as a significant change?

The Family Courts here in San Diego and across Southern California carry a heavy backload of cases.  This is especially true after the impact of the COVID-19 pandemic.  Post decree modification cases will usually not be heard by the Court unless our attorneys can present evidence that a compelling change has occurred in the financial circumstances, or Status Quo, of one or both parties.

Most professionally crafted separation agreements – the primary document in a San Diego divorce proceeding – contain language which establishes some of the benchmarks that would constitute a change in the Status Quo. This can include the necessity to relocate out of the area or out of State. It can also include a significant increase or decrease in income.

Some major life events such as a minor child gaining the age of majority, or a specific period of time ordered by the Court will qualify as well.  Many support agreements specify a time frame for the spouse receiving support to become self-sufficient or financially independent.  It may be necessary to review these orders in light of events that have happened in your life, or that of your former spouse.

Is there a major change required in existing child custody orders based upon either the expressed wishes of a mature child or the circumstances of either parent? Has either the recipient or payor of spousal support experienced a substantial increase or decrease in income?

The attorneys and Certified Family Law Specialists at Burke & Domercq are experienced and proven family lawyers. We are prepared to review your post divorce decree modifications to child custody or spousal support and provide advice on the likelihood of success and the specific circumstances relating to “Status Quo” in your case.

We invite you to protect your own interests and contact us or call 760-434-3330 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.  We will discuss your goals, your unique circumstances and the outcome of similar cases here in San Diego.