Post-Divorce Court Orders & Modifications

Child Custody Modification - Child Support Modification - Spousal Support Modification

Phone: 619-284-4113

Based in San Diego, the post-divorce modifications attorneys at Wilkinson & Finkbeiner, LLP, provide personal service, attention, and professional representation to men and women throughout southern California seeking court orders for modifications to their divorce or paternity judgment.

Most post-divorce decree modification requests center around child custody, child support, and spousal support. Our attorneys also have significant experience assisting clients to enforce their judgments and orders.

Change of Circumstances

While there is no formal definition of what constitutes a change of circumstances, some courts may consider the following a change of circumstances that may qualify for a court ordered modification:

• Relocation (especially to another state)
• Loss of job or increase or decrease in earnings
• Unsuitable environment for children
• Unforeseen expenses, including medical expenses
• Drug or alcohol use or abuse

These are just a few of the situations that may be considered a significant change of circumstances, thus warranting a post divorce modification.

Post-Judgment Enforcement Proceedings & Collection

It is often necessary to enforce court orders because the other party is not in compliance, is late or in default of court orders.  In these situations, you need a competent, qualified attorney to represent your interests.  Certain examples where post-judgment enforcement proceedings may be necessary include:

• Failure to pay child support
• Failure to reimburse for healthcare or childcare expenses
• Failure to pay spousal support
• Failure to abide by child custody and visitation orders
• Failure to comply with division of property and/or debt orders
• Failure to cooperate with deferred sale of family residence orders
• Failure to make equalization, balloon, or buyout payments
• Failure to comply with life insurance maintenance orders
• Adjudication and collection of arrears

Our experienced attorneys will not only help you enforce court orders, we will help you collect on your family law judgment.  There are many legal tools our attorneys utilize to force compliance with court orders including filing requests for sanctions and contempt, filing and recording liens, garnishing wages, and levying accounts.  In most cases, interest accrues on unpaid judgments.   

Our attorneys have experience with enforcement proceedings and collecting on family law judgments, and have structured fee agreements with clients to meet their needs.  In certain circumstances, we offer a “contingency” fee arrangement, where the client pays no up front attorney fees.  These arrangements are subject to the California State Bar Rules of Conduct concerning contingency fee arrangements involving family law matters, and may or may not be applicable to your case.  

In other situations, you may be able to apply for reimbursement for attorney fees based on the other party’s breach of your agreement or violation of a court order.  In those situations, your attorney at Wilkinson & Finkbeiner, LLP will vigorously fight for your right to reimbursement. 

San Diego Post-Divorce Modification Attorney

Our post-divorce modification attorneys understand that a change of circumstances can be devastating. We will work with you to fully comprehend the scope of your problems, and we will focus our efforts on addressing those concerns.

One thing to be aware of is that even though a change of circumstances may have occurred in the past, in most cases, a court ordered modification will not take place retroactively. That means your new support payments will begin with the new order, and you may still be responsible for any delinquencies that occurred prior to the new order becoming effective.

Contact a San Diego Post-Divorce Modification Attorney

For further information or to discuss your child support modification or child custody modification, as well as any other modification issues, we invite you to schedule a free confidential consultation with an experienced San Diego post-divorce modification attorney by calling us at 619-284-4113, e-mail us, visiting us, or filling out our intake form on our Contact Us page. The parking and confidential consultation are free.