What Counts as a “Change in Circumstance” in California?
If you want to modify a divorce-related order, you may need to familiarize yourself with the phrase “change in circumstance.” What does this phrase mean, and why is it so important? More importantly, how do you prove that a change in circumstance has occurred? These are common questions for many families in Los Angeles County.
RM Law Group, LLP is home to experienced family law attorneys who may be able to help you modify child custody, alimony, and child support. Jason Martinez is the co-founding partner of this family law firm, and he has experience with child custody. Michael Recinos is the other co-founder of this law firm, and he has experience with high-conflict divorces. These experienced family law attorneys can offer guidance throughout the modification process.
What is a Change in Circumstance?
A change in circumstance is a major change in your family’s situation. There are numerous examples, and you may need to show different types of changes depending on which court order you are trying to modify. For example, changes in child-related matters are only relevant when trying to modify child custody or child support. You need to show a change in circumstance because parties cannot change their agreements on a whim. This requirement ensures some flexibility while also keeping agreements enforceable.
Examples of Changes in Circumstance
There are numerous examples of changes in circumstance, and many are outlined by the California Department of Child Support Services. These include:
- Changes in Employment: If the employment situation changes for either spouse, it could constitute a change in circumstances. For example, a spouse or parent might lose their job and struggle to find new employment. Conversely, they might get a new, higher-paying job or experience a promotion.
- Changes in Wealth: Even if employment does not change, new sources of wealth may affect various family law agreements. For example, one party might receive gifts or inheritance. They may also earn capital gains through various investments.
- New Children: If there are new children, a paying spouse might need to pay less child support to existing children in order to spread their funds more equally throughout the whole family.
- New Disabilities: If either party suffers a new disability, this may affect support obligations in various ways. It could cause a payor to pay less, or it might cause a payee to receive more.
- Changes in a Child’s Best Interests: All child custody-related issues depend on the child’s best interests. If these best interests change, modifications of child custody may be possible. Examples include new allegations of abuse, new educational requirements, and so on.
Contact an Experienced Family Law Firm in Los Angeles County Today
A consultation with family lawyers at RM Law Group, LLP is one way to continue this conversation. Although online research is a positive initial step, each family is different – and no amount of reading can provide guidance targeted to your unique circumstances. To get started, call 866-706-3160 to speak with our experienced family lawyers in Los Angeles County.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
