Carlsbad Post Judgement Attorney
During the final stages of a divorce case, spouses must reach various agreements regarding property division, child custody, and spousal support. Once certain terms are agreed upon a divorce judgment is reached. Following a finalized divorce, there may come a time where one spouse fails to uphold his/her end of the agreement. At this point, the aggrieved spouse may need to make a request through the court that the divorce agreement be enforced. One or both spouses may also need to make modifications to the divorce judgment as things change over time. For post judgment enforcement and modification, turn to the legal team at McKinnon Law Firm in Carlsbad. A qualified post judgement lawyer is waiting to help you.
Our law firm serves clients in San Diego County, including Carlsbad, Oceanside, Vista, San Marcos, Encinitas, Solana Beach, Escondido, and Del Mar, and we are here to help you deal with issues following your divorce. We have experience mediating situations involving post judgment enforcement, such as when one spouses refuses to turn over a title or deed, outlined in the divorce judgment. We can also assist with post judgment modifications to child or spousal support, due to circumstances like lost income, retirement, relocation, and increased childcare costs. Our family law attorney will review your case and provide you with honest counsel, and tenacious litigation, when necessary.
Facing an issue following your divorce can be taxing emotionally, and you deserve to have your rights protected by an experienced attorney. Reach out to us at McKinnon Law Firm today to schedule your free consultation with a member of our legal team.
How is spousal support calculated?There is no specific formula or calculation to determine permanent spousal support. In awarding permanent spousal support, the Court will consider the respective incomes of the parties, the earning ability of the supported spouse, the standard of living during the marriage, as well as other factors set forth in Family Code Section 4320.
Do I have to pay child support if we have equal time with our children?
It depends. In California, child support is calculated by a statewide guideline formula. The factors considered in this formula include the parties’ respective incomes, the timeshare of the children, health insurance deductions, required union dues and retirement, as well as other factors. If the parties have equal parenting time with the children, but one party earns more income, then the higher earning parent may have to pay child support. Whether a parent will have to pay child support and the amount depends on the particular circumstances in each case.
What is Family Court Services Mediation?Family Court Services Mediation is child recommending counseling imposed by the Court when custody issues cannot be resolved by the parents informally. Both parties are required to attend this mediation without their attorneys. A mediator who works for the Court will meet with both parties to assist them in reaching agreements regarding custody and a child sharing plan. If the parties cannot agree to custody and parenting during FCS mediation, then the mediator will issue a report to the Court making recommendations as to what the custody and parenting arrangement should be for the children.