Modification and Enforcement

modificationChanging the Terms of a Support or Child Custody Order

Few legal subjects are as forward looking as family law. Most divorce cases not only represent the end of a marriage, but also the beginning of a new set of rights and obligations concerning child custody, visitation, child support, and spousal support. Because the facts and assumptions that resulted in the original commitments are subject to change, the law allows for their modification on a showing of changed circumstances.

Contact an experienced California divorce lawyer at The Law Firm of J. Hector Moreno, Jr. & Associates to learn about modifying – or opposing the modification – of arrangements for child custody, spousal or child support, or other ongoing commitments in a divorce case.

Ordinarily, an upward or downward adjustment in payment obligations will depend upon the moving party’s ability to demonstrate a change in circumstances, such as involuntary unemployment, a period of disability, a change in the child’s needs, or other factors beyond the control of the person making or receiving the payments.

Child custody and visitation arrangements are also subject to modification, as in cases where a parent’s hours of employment change or when a parent decides to move to a location distant from the Bay Area. Whether you need an adjustment in your custody arrangement, or oppose the other parent’s proposal for a change, we can explain your rights and obligations, and go to work to protect your core interests.

Enforcing your rights under a child custody agreement or support order

Just as changed circumstances can require a modification of previous commitments, an unexcused violation or pattern of defaults can lead to enforcement measures to protect the integrity of your agreements and the court’s orders. Any violation of a family court decree is at least technically a contempt of court, and a record of repeated violations will support an order of contempt that can land the offending party in jail. Bay Area family law attorney J. Hector Moreno, Jr. will report defaults and violations to the court if only to put the party on notice, and will request sanctions and attorney’s fees to cover the costs of the enforcement motion if the warning is ignored.

Contempt of family court is also available to enforce the continuing and automatic orders that issue whenever a divorce case is filed. These include the duty to make full disclosure of assets and income, an order not to transfer or dissipate community assets, and a continuing obligation not to discuss the shortcomings of the other parent with the children. Undermining the other parent’s relationship with a child is a serious matter that can be subject to punishment.

For additional information about our ability to advise and represent you effectively in matters concerning modification or enforcement of family court orders, contact The Law Firm of J. Hector Moreno, Jr. & Associates.

Resolving Problems with Domestic Violence in California

It’s an unfortunate fact that many Bay Area families and households struggle with domestic violence on a regular basis. In some cases, assault and abuse lead directly to divorce. In other situations, a pattern of domestic violence restraining orders, hearings, and anti-harassment orders becomes an unfortunate part of daily life.

If your family suffers from domestic violence, get the legal and practical advice you need from an experienced lawyer at The Law Firm of J. Hector Moreno, Jr. & Associates in Campbell. We advise both the victims and the alleged perpetrators of domestic violence and sexual assault (when the facts reasonably indicate that they have been falsely charged), on a range of charges involving:

  • Misdemeanor or felony assault and battery
  • Domestic violence
  • Sexual abuse of spouses or children where the defendants have likely been falsely charged
  • Stalking or harassing behavior
  • Violations of restraining orders

We advise victims about their legal and practical options for keeping themselves and their children safe from the perpetrators of domestic violence through the courts and through community services.

Our firm also represents people who have been accused unfairly of a wide range of domestic violence charges. We can represent you at the hearing that will extend or vacate a temporary restraining order, and we can investigate the charges against you to show that they were fabricated or grossly exaggerated.

Whether we represent a victim or a person falsely charged with a crime, we employ as necessary the services of a skilled private investigator to supplement our investigation and to assist in fully discovering all material facts relevant to the legal matter involved. Doing so is often in a client’s best interests.

For people with a history of domestic violence who are interested in turning their lives around for the sake of themselves and their children, we can help you get access to the counseling and treatment programs that can make the greatest positive difference for you, and help present the results in court as necessary to advance your legitimate interests as a parent.

For additional information about our ability to help both victims and those falsely accused of perpetrating domestic violence in the South Bay, contact a knowledgeable and committed attorney at The Law Firm of J. Hector Moreno, Jr. & Associates in San Jose.  Or fill in the email form below.