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Grounds for Modification

The typical requirement to seek and obtain a post-judgment modification is a significant or substantial change in circumstances. This change would need to be such that your current divorce agreement is impractical or perhaps impossible. In California, you may be able to therefore alter your agreement concerning spousal support, visitation, child custody or child support. However, you will need to prove to the court that the alteration is necessary, due to the change in circumstance. This is where an attorney will be most useful.

If you are interested in pursuing a post-divorce modification, an experienced lawyer can effectively represent your interests to the court in order to give you the best opportunity at a modification that suits your current needs. By contacting Cutter & Lax today, you can talk to a lawyer about whether you may qualify.

Following are examples of some situations which may warrant a modification:

  • Dramatic change in income due to job loss or demotion
  • Extensive medical bills
  • Ongoing medical condition or serious injury
  • The remarriage of a spouse
  • A parent with a new job or new schedule
  • A parent is moving or has already moved out of state
  • Abuse or other wrongful conduct
  • Continued noncompliance with current visitation or custody agreements
  • A significant change in the child's medical or educational needs
  • The emancipation of a child

At times, it can be difficult to prove that the change in circumstances is significant enough to merit a post-judgment modification. With the right representation, however, you can seek the change you need.

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