Prenuptial and Post-Judgment Modifications

If you have prepared a prenuptial agreement or a postnuptial contract and now need to make changes, make sure the revisions are done correctly. If you reside in the Bay Area, turn to The Law Offices of Derek Lim, in Fremont, California, for help. Attorney Lim has extensive experience working with the Asian immigrant community, including Chinese, Laotian, and Thai. We know that those coming from California’s large and diverse immigrant population may not be well versed in marriage law. He understands the importance of marital contracts and will work closely with you to make sure the revised wording is clear and will stand up in court. Additionally, you can also talk with one of our family law attorneys working at our Fremont and San Francisco locations to develop a way to reach your desired goals.

Attorney Lim speaks Mandarin and Cantonese Chinese, Laotian and Thai. We are the law firm the immigrant community in the Bay Area comes to for help.

Legal disputes involving family, especially children can be taxing on everyone involved, and reaching an agreement in your favor can be difficult. Everything from child custody, visitations, and support can be subject to modification even after your divorce is made final. The specific laws and guidelines pertaining to spousal support agreement can be found in the California Family Code Section 4320, but we will quickly go over the ones we believe to be the most relevant. For example, alimony or child support terms can be modified due to changes in either you or your ex-spouse’s financial situation. Examples of a changed financial status can include your ex-spouse getting a higher paying job or receiving a promotion. On the other hand, this can work the other way around if, say, your ex-spouse lost their job or received a demotion, they have grounds to request a modification of alimony terms.

Requests for extensions on alimony past the legal expiration date can be made depending on the circumstances of the request. While it can be impossible if the original agreement explicitly prohibits any extensions, extensions beyond the agreed fixed period can be made through modification. With that said, child support is made non-mandatory upon the child reaching the age of 18 or 19 if the child is still enrolled in high school. How you and your ex-spouse may finance your child’s higher education/university cost is a separate discussion.

Laws regarding post-judgment modifications vary considerably by state, but we look to California law to put together a case. Attorney Lim also represents clients who need to revise the terms of their divorce judgment due to financial issues, immigration concerns, or other legal problems.

Call our offices in Fremont at 510-818-0898, or use our convenient email contact form to arrange a return phone call to schedule an initial consultation. At our offices, you can discuss with one of our family law attorneys serving our Fremont and San Francisco locations to determine what exactly your options are.