Your Divorce Is Granted — Now What?
Orange County divorce lawyer speaks out about modifications
You have your divorce decree. You are no longer spouses. But that doesn’t mean there still aren’t steps to be taken. Ownership of certain financial and legal documents may need to be changed, such as:
- Insurance beneficiaries. Consider whether you want to change your designation of beneficiary on your life insurance policy.
- Will beneficiary. If you had a valid will before the dissolution of your marriage, most Orange County divorce law firms will certainly counsel you to think about your estate executor, estate distribution, and other facets of your will. If you named your spouse, you may want to change it to someone else. Now is the time to make these changes.
- Credit card accounts. If you held a joint credit card account with your spouse, you should close it. Then you can open a new one in your own name.
- Income tax withholding status. After your divorce, you should inform your employer of the change in your marital status. You will need to change your income tax withholding status and you’ll likely want to change the name of designated beneficiary for any employee benefits you’re receiving.
- Motor vehicle notice of transfer. If the court determined that only you or your spouse own a vehicle that you once owned together, a Notice of Transfer and Release of Liability will need to be completed. These forms are available at the Department of Motor Vehicles.
Filing a modification to change a child support order
A number of reasons lead to changing a child support order, including the following:
- One parent has lost his or her job
- The income of either parent has changed
- One parent has been incarcerated
- One parent had another child from another relationship
- Significant changes in the amount of time the child spends with each parent
- Changes in the child’s needs, dictating more or less costs for child care, health care, or education
Many divorced couples believe they can decide for themselves about changes to child support, custody, or visitation. Let’s say one spouse loses his or her job and says he or she is no longer able to provide the court-ordered amount of child support. The other spouse understands the situation and agrees to no payment. As an Orange County family law attorney will tell you, any agreements should be put in writing. A qualified divorce firm can help legalize the agreement using a form called the Stipulation to Establish or Modify Child Support and Order, if the change you seek concerns child support. The completed form is put before the judge for signature.
If the parents cannot come to an agreement about new terms for child support, legal assistance becomes necessary to file a motion for modification with the court.
Filing a modification to change a child custody order
Several reasons may drive the desire to modify a parenting plan with an Orange County parenting plan attorney. In fact, parents may need to reconsider their parenting plans about every three years. Why? Because children’s needs change and the parents’ circumstances change. The court always considers the best interest of the children as its first priority.
If both parents agree on modifications to the child custody agreement, an Orange County divorce lawyer can help you file the Stipulation and Order for Custody and/or Visitation of Children.
However, if there is no agreement, you will need legal assistance to file a motion requesting modification of your current order with the court. Until a new order is signed by the judge, existing agreements do not change.
Speak to a skilled Orange County divorce lawyer
For assistance with modifications to child support, child custody and visitation court orders, contact us online or call 949-241-5751 to schedule your free initial consultation today. By Shawn Golesorkhi