Can you seek changes to child support orders after a divorce decree in Carlsbad, North County or anywhere in San Diego? The general answer to this question is “yes” but you must have a reason for requesting an increase or decrease and you must be able to prove to the Court that a substantial change in circumstances or the “Status…
Status Quo
What Issues Will a San Diego Family Court Consider When Deciding Child Custody?
What issues will a San Diego Family Court consider when deciding child custody matters during or after a divorce or between parents who are unmarried? Does the Court consider the wishes of the child? The primary legal “guiding star” for California Family Law is “the best interests of the child.” The primary question in any child support related matter or…
When Are Child Support Modifications Possible in San Diego
When are child support modifications possible in San Diego and what factors determine a successful modification request? Let’s first review the purpose for child support under California family law. California law requires each parent to be responsible for the well being of their child. This extends to the basics of food, clothing and shelter as well as items such as…
How Does the Marital Standard of Living Affect a Carlsbad Divorce?
How does the marital standard of living affect a Carlsbad divorce? The Family Court in a divorce case will consider the “status quo” prior to the end of the marriage. The status quo includes the lifestyle the couple had enjoyed prior to filing for divorce. Once the divorce is completed, the income and assets which once supported a single household…
Post Divorce Decree Modifications to Child Custody or Spousal Support in San Diego
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…
Don’t Wait to Take Action to Modify Support Orders in North County
You shouldn’t wait to take action to modify support orders in North County. The recent impact of COVID-19 on the Courts and their resulting closure for several weeks has had a significant impact on an already heavy case load. This makes it more important than ever to seek the advice and sound counsel of Burke & Domercq as to how…
Can You Reduce or Eliminate Spousal Support in North County?
Can you reduce or eliminate spousal support in North County? The recent impact of COVID-19 on the local business community has affected the income of many households here in Carlsbad and North County. How will a layoff, furlough or the loss of a job affect your spousal support obligations? Many people incorrectly believe that once a judge has issued a…
What Constitutes a Change in the Status Quo for a Post Divorce Decree Modification in North County?
Are you considering a request for a post divorce decree modification to child custody or parenting time, spousal support or child support? What is “Status Quo” and how does it affect the likely success of a post-decree modification after a North County or Carlsbad divorce? California family law courts are overloaded, and most courts including the family law courts in…
Changing Child Support Orders After a Carlsbad Divorce Decree
Changing child support orders after a Carlsbad divorce decree is possible. The experienced post-decree modification attorneys at Burke & Domercq have decades of experience before Carlsbad family law courts in these matters. We provide sound advice informed by this experience and our legal skill and expertise. We will first review the orders issued by the judge or magistrate in your…
You’ll Need Evidence to Request Changes in Child Support
You will need evidence to request changes in child support here in Carlsbad. A recent case has demonstrated the need to bring factual evidence when considering a request to modify existing child support orders. California Courts require a significant change in circumstances known legally as the “status quo” before agreeing to hear a post decree modification case for child support…