Modification of Orders
Many orders issued in a family law case can be modified at a later date, generally when circumstances change. Orders for child and spousal support may need to be changed in order to reflect a party’s new income, or a change in a child’s visitation schedule.
It is important to consult with experienced counsel early if you feel you are entitled to a modification of child or spousal support as the Court generally lacks jurisdiction to modify support prior to the date you file a motion requesting that relief. It is a common mistake for a litigant to believe that the Court will adjust support back to the date circumstances change, but this is not the case.
A child custody and visitation order may require modification as a result of a child’s routine development or a change in the life of one of the parents. Sometimes, an emergency occurs in the life of the family which necessitates Court intervention to ensure the children are safe. Sometimes, the child has reached an age and level of maturity where it is appropriate for the child’s preference regarding custody and visitation to be considered by the Court.
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Hirz Law Group | Attorneys at Law
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San Jose, CA
Phone: (408) 294-4525
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