Modifications

Modifications to Custody, Child Support or Alimony

Orange County • Riverside County • San Bernardino County

A "substantial" change in circumstances can be grounds for modifying a court order relating to child custody or visitation, as well as child support or alimony. Take action to protect your rights - contact Newport Beach family law attorney David L. Wilkirson.

We aggressively represent the interests of divorced parties and never-married parents when the court is called upon to change a previous order. Based in Newport Beach, with an office in Palm Springs, our law firm extends 30 years of experience. Mr. Wilkirson himself is regularly called upon to act as a temporary judge in Orange County Superior Court, so you are assured of dependable legal representation and sound advice.

California Child Support Modification
Either parent can request a modification of child support. The petitioning parent has the burden of showing that support should be increased or decreased for a qualifying reason. This could be unemployment or reduced income of the non-custodial parent, or a promotion or inheritance of the custodial parent. Wilkirson & Associates investigates to ensure that the other party is forthcoming about all assets, expenses or other circumstances germane to the court's decision.

Spousal Support
Spousal support ("alimony") can also be modified. The paying party may petition to end support if the ex-spouse remarries or gains financial stability, or if the payer's income has dropped. Likewise, the party receiving alimony may petition for an increase if the assets or income of the ex-spouse have risen substantially. Any substantial change may support a change of circumstances sufficient to change or alter the current and existing order.

Child Custody and Visitation
A new job, activities of the children, even a new living arrangement, might be cause for changing the terms of a custody order or visitation agreement. We also represent parents who are seeking a change in custody - from joint custody to sole custody, or an increase in shared parenting time. Changes in custody carry important ramifications for child support obligations, and David Wilkirson will strongly assert your rights and advise you of your legal position.

• Move-away Cases: One of the most contentious issues is a petition by the custodial parent to relocate with the children (to a distant part of California or out of state). As a veteran of family law litigation, Mr. Wilkirson is current with the evolving case law in these emotionally charged proceedings. Many California courts view the relocating parent as effectively denying visitation and child-rearing rights of the parent left behind. There is a strong burden of proof to show why the relocation would be in the best interests of the child. The court considers the family and other environmental matters, as well as opportunities available to the child in the new location, balances that against the harm to child by separating from the non-custodial parent.

If this is an issue, the entire custody agreement must be drafted to address visitation, financial support, travel and many other factors. Experienced representation is critical in petitioning for or challenging a relocation with the children.

Personal Service and Solid Advice: 877-855-5900

Contact a California child support modification and custody attorney with 30 years of experience and a deserved reputation for reliable representation. David Wilkirson offers a free initial consultation, including evenings and weekends by appointment.