LA County Post-Divorce Modifications Lawyer

Life changes can be stressful in any situation and can be especially draining when they make it hard or impossible to comply with court orders in a divorce decree. Luckily, many of these orders can be modified to reflect the financial and personal changes in your life. Navigating post-divorce modification laws is much easier with an LA County post-divorce modifications lawyer. An attorney can help you ensure you meet the legal requirements for modification.

Work With an Experienced LA County Post-Divorce Modifications Attorney

At the Law Office of Noelle M. Halaby, APC, we have helped individuals and families deal with family law cases and divorce modifications for 22 years. Our team provides assertive, comprehensive legal guidance, and Noelle M. Halaby is a Certified Family Law Specialist. We want to help you protect your rights and interests to support your family now and into the future.

What Is Modification of a Divorce Decree?

Modifying a divorce decree enables you to change aspects like spousal support or child custody, even after the divorce was finalized. While you must follow the court-ordered decree, changes in your life may necessitate updates to the order. The court is willing to modify certain aspects of the decree if you can prove the change is needed.

Changes in financial circumstances are a common reason for a modification. The poverty rate in Los Angeles County is 13.3% of the population, compared to 11.8% in the state and 12.1% in the U.S. When your financial situation negatively changes, you may need to receive more support or request that you pay less. It’s important to do this as soon as possible.

There were nearly 85,000 filings for family law and juvenile cases in Los Angeles County in 2024, including those for modifying orders. These cases may be filed with the Los Angeles Superior Court in Van Nuys, in Chatsworth, or at other court locations.

What Can You Modify in a Divorce Order?

Not all aspects of a divorce decree can be modified after the divorce is finalized. You may be able to modify one or multiple of the following, depending on the changes in your family’s life:

• Child custody. A custody and visitation arrangement determines where a child lives and how parents make important decisions. When a child’s needs change or the living circumstances of the parents change, this can require a change to custody. Parents may be relocating, children may have new school or medical needs, or a home may become unsafe for a child.

Modification of either joint custody or sole custody is always determined based on the child’s best interests. The courts consider several factors in determining the child’s interests, including the interest in maintaining stability.

• Child support. Changes to child support must also be based on a change in life circumstances. Generally, it is either a change in one parent’s financial circumstances or a change in the child’s financial needs. One parent may lose a job or get a promotion, which can change how much they earn. This can affect how much that parent pays or receives in child support.

A child’s needs may change, such as requiring more costly education, new healthcare expenses, or other changes. Changes to visitation or custody can also affect what a fair amount of support is. Modifications can be made to reflect those changes.

• Spousal support. Like child support, spousal support orders can be modified due to changes in financial circumstances. This includes an increase or decrease in either party’s income, or in the spouse receiving payments’ financial stability and independence. Remarriage, retirement, or other life circumstances can also lead to changes in support.

Generally, the division of property determined in a divorce is final and cannot be modified even if circumstances change. However, there are very rare circumstances in which even property division might be modified, usually because of an issue that arose after the division was made.

Even if you and the other party agree on a change, it still must be approved by the courts. It is important to discuss with an experienced attorney and see what should be modified based on changes in your life.

FAQs

Q: Can a Divorce Settlement Be Modified?

A: There are aspects of a divorce settlement that can be modified, although there must be a reason for that modification. For example, a significant change in your financial circumstances might impact the amount of spousal support you pay or receive, or affect the amount you must pay or receive in child support. Child custody orders may need to be modified due to a parent’s differing health needs or because one parent is moving.

Q: What Is a Motion to Amend a Divorce Decree?

A: A motion to amend a divorce decree in California is a Request for Order that seeks to alter certain aspects of the divorce decree, such as the amount of spousal support or the custody arrangement for children. Ex-spouses or co-parents can agree on a modification to the order and petition the court, or one party can petition the court even without the other spouse’s agreement. The court will determine if the change is necessary.

Q: Why Is It Important to Hire a Post-Divorce Modifications Lawyer?

A: It’s crucial that you hire a post-divorce modifications lawyer when filing to alter a court order. It is much easier to do so with an attorney, who can help you meet the requirements and explain why you are requesting the change. Legal representation is especially important if you and your spouse don’t agree on the change, because an attorney can advocate for your rights and interests.

Q: How Much Does a Post-Divorce Modification Attorney Cost in LA County?

A: There isn’t one answer to the cost of a post-divorce modification attorney in LA County, because each attorney has their own fees. If you need representation for filing a form, the fee may be a flat fee, while representation at a hearing is likely to be an hourly rate. A more experienced attorney tends to have higher costs but may also have the resources needed to handle your case more effectively and with less hassle.

Navigating Post-Divorce Modification Cases in LA County

When your or your family’s life has changed, the legal team at the Law Office of Noelle M. Halaby, APC, can help you modify court orders. Contact us today.