Post Divorce Issues

The Law Office of Robert M. Bennett in Vista

 Modification Issues

The Law Office of Robert M. Bennett is conveniently located near the North County Courthouse. For over 15 years, I have been providing legal services throughout San Diego and Riverside counties. . If you are in need of an experienced divorce attorney for legal representation on a post-divorce problem,  call my office immediately at 760-631-2082.

Post-Divorce and Post Parentage Issues Overview

The circumstances in which a judge is allowed to modify the divorce decree or child support order are dependent upon several factors. In spousal support situations, there typically has to be a significant change of circumstances, such as a change in the payor’s income, before the court will consider modification.

In terms of child support modification, support orders are subject to regular review every few years to make adjustments for changes in the payor’s income. They can be modified upon motion filed by one of the ex-spouses.

Child and Spousal Support Enforcement

The most common post-divorce issue in my family law practice is for child support enforcement. I am hired when a former partner refuses to comply with the order for child support or spousal support. Years ago, the only enforcement mechanism for child support was an enforcement hearing. Oftentimes, lawyers had to appeal to the delinquent person’s sense of honor and duty in order to motivate payment. As you can imagine, this was rarely effective.

Punishment: Jail

Today, there are powerful child and spousal support enforcement mechanisms that can inspire compliance with an existing court order. First and foremost, civil contempt hearings can take place with the threat of jail time as punishment. If the person repeatedly refuses to pay their support obligations jail time is possible. A court can require a deposit to be paid by the offending parent. The deposit can be drawn if child support is not paid..

Punishment: License Suspension

California has enacted laws that suspend a delinquent person’s professional, recreational or driver’s license if they are not current on their child support obligation. The court can take away a person’s right to hunt, fish, drive a motor vehicle, or even practice medicine.

I have routinely handled child and spousal support enforcement cases.  I will aggressively pursue every avenue of enforcement available under the law in order to make your child’s parent live up to their obligations. I also defend a parent who has been unjustly accused of not paying support.