After Divorce post judgments, custody and enforcement
After the dust has settled and everyone has gotten into the routine of the parenting plan and payment and receipt of child support, things can happen that stir some (or all) of it up again. Someone gets angry, another loses his/her job, a spouse gets transferred with his / her job. The list is literally endless. What to do?
Motions for modification are fairly common in Family Court. Modifying what, you ask, and why? Usually child support and / or custody / visitation. Lots of other things are pretty much final one a judgment is on the books. But, for "good cause" based on a "material change of circumstances", either side might ask the Court to change existing orders. The result can be a sort of mini-trial, involving live testimony, financial records, testimony of a psychologist, and all the procedural complications that go with trial (objections, argument, etc.) Don�t underestimate the importance of these motions. Just because they aren�t part of the case leading up to a "first" trial, they can still be real life-changing events. The majority of move-away motions, for example, are made after the judgment is on the books.
How to tell if there is a change of circumstances that is "material" enough to persuade the judge to change orders? You�ll definitely want expert advice on this subject. I can offer a few examples, but the list is so long and so complicated, there�s no way to tell much of anything without a really complete understanding of your situation. Some things are obvious: one parent is jailed, or dies, the other parent gets custody. [Duh?] Income of one party (or both!) changes dramatically? A change in guideline child support is very likely. One parent consistently forgets to put Johnny�s homework in his backpack for midweek visitation? Hm. Important, yes, but not nearly as compelling. Best advice to come in and talk, we will tell you your chance of success and cost you might have to consider.
Enforcement. If a parent who is supposed to pay support doesn�t, if he / she knows about the order and has the ability to pay the support, it�s a crime for him / her not to do so. Jail is a last resort, of course, but a resort nonetheless. Not literally a resort, but you get my meaning. Jail time happens if the accused is convicted of "contempt". Better to have the parent free to work in most instances. In trying to collect from a parent who is supposed to pay, and has a "regular job", i.e. gets a pay check, his / her pay check can be garnished using a special order. A private attorney like myself can help with a lot of these functions. Sometimes, though, there�s nothing like the clout of a powerful government agency to get the desired effect. The Department of Child Support Services, a California state agency, can take steps to (a) suspend the offender�s driver�s license; (b) prevent the offender from obtaining or renewing a passport or (c) intercept a tax refund. The agency�s services are free.
Visitation infractions: Let�s say one parent is consistently uncooperative. Late for exchanges, refuses to let the child go with the other parent, offers some excuse, a lame excuse, or often no excuse at all. They just feel entitled to control the situation. Frustration of visitation is a factor to be considered by the judge when consideration a modification of the order. Lots of times, though, the offenses may not seem so bad as to warrant a change of custody. Still, the specter of possible jail time, again for "contempt", can be very persuasive. Be judicious when considering contempt actions. It�s a big deal, not to be taken lightly.
If you feel that you might need advice in a child custody matters, our law office has one of the most experienced teams in San Diego to advise you about outcomes and possible solutions. Please feel free to call us at 619-235-4095 to set up a "Family Law Case Evaluation".
