Redlands Family Law Modifications Attorneys
Why Is It Important To Act Right Away?
If you have experienced any of the situations highlighted above in Redlands, you may have felt the situation was only temporary. Maybe you had additional income you believed would tide you over for that time. You may have also procrastinated to mentally prepare yourself for the opposition ahead from your ex. The problem is that California Courts cannot make fully retroactive judgments for some modifications. Because of this, the sooner you can get the issue addressed, the better off you’ll be.
Ideally, if you believe you may begin to fall behind on support and have concrete proof that this could become a long-term or permanent situation, it’s time to act. Say, for instance, that you lost your job as a software engineer, where you made six figures. Your expenses are high, so you burned through most of your savings in two months and lived on credit for month three. By month four, you decided to accept a job where you make only $60,000, and that first paycheck is 14 days away.
By the time you get paid, you’ll be six weeks behind on child support and it will begin to accrue interest. When you seek a child support modification, the San Bernardino or Riverside court may modify the order to meet your new financial situation. However, it does not have the power to make adjustments for the three prior months when you were unemployed. Subsequently, you won’t get money back for the first two months and you will still owe the original amount plus interest for the six weeks that followed.
Note also that family law modifications may take some time to negotiate and adjust. If the courts took two months to get to your case, you would find yourself struggling to catch up with credit card bills racked up during the six weeks of no savings, plus the missed child support payment calculated when you made twice as much money.
How Do I Make California Family Law Modifications?
Modifying any San Bernardino family court order tends to follow a similar routine. Still, there are some key differences that a Redlands family law attorney can help you with. A Bowler & Bowler lawyer can also advise you on the likelihood of the court accepting your request and ruling in your favor.
The final decision always rests with the California courts. However, if the chances are slim, a lawyer can save you from petitioning for a change until you have more concrete reasons or evidence. Here are simple steps to follow if you do have all you need to proceed.
Step One: Fill Out the Forms
No matter what type of family court order you plan to modify, you most likely need to complete Form FL-300. If you intend to change a support order, you will also need to fill out an Income and Expense Declaration form or a Financial Statement form. A Redlands attorney can review your case to determine which procedure is right for you.
Step Two: Review the Forms
The forms appear simple but there are critical areas that must be properly addressed. Once the review is complete, the filing packet is prepared. The original paperwork and requisite copies are ready for submission. If the local child support agency gets involved, you will need to have a copy for it as well.
Step Three: File the Paperwork
When you file your forms via the court clerk, that individual takes the original form that belongs to the court. Most family law modifications require a filing fee. It is possible to ask for a waiver if you cannot afford the fee. In cases where the LSCA is involved, you may not need to pay a fee. The clerk will conform the copies with a stamp “FILED” on the documents and assign you a San Bernardino court date.
Step Four: Serve the Paperwork
The rules regarding how you serve your paperwork depend on what you hope to modify. Generally, California courts state that the other parties should receive the documents 16 court days prior to the hearing date. If you mail the documents, you should add five days to give the documents time to arrive. You are not allowed to personally serve the papers yourself. Your Bowler & Bowler lawyer can serve them on your behalf with trained process servers when personal service is required.
Should You Speak With a San Bernardino Attorney?
The circumstances prompting requests for family law modifications are varied and can become complex. To further complicate matters, both parties may not be in agreement about making the changes. Don’t wait until matters begin to get out of hand to turn to a Redlands family lawyer. Involve an attorney from the start of the process so that we can guide you through each step and help you negotiate with your ex or the other parent of your child.