Modifications

Modification of a California Family Law Judgment 

A modification of an existing court order in California is a proceeding that occurs after a divorce or paternity judgment has already been entered. Once the divorce or paternity judgment has been entered, only certain orders can be changed, or modified. This is called a modification proceeding.

Not all orders made in a divorce judgment are subject to modification. For instance, once a divorce or paternity judgment has been entered, the court cannot change the terms of any property division. However, the court is always able to modify any orders concerning child support, visitation, spousal support, and child custody. Sometimes, depending upon how the divorce judgment is written, the court can also modify the terms of a spousal support order.

In order to modify an existing child support order, all the moving party has to show is that the current order is not a guideline child support order. In order to modify a child custody order, however, the court must find that there has been a significant change in circumstances. There must be something new or different which has happened since the last court order was made. The court must also find that the making of a new court order will be in the children's best interests.

Spousal support cannot always be modified. It depends on whether the court has reserved jurisdiction over spousal support. In order to modify a spousal support order, the court must find that the supporting party no longer has the same financial need, or that the paying spouse no longer has the same financial ability to pay support. 

In order to modify an existing judgment, the moving party must file an Order to Show Cause in the original courthouse. The request must set forth with particularity the new or different facts and the relief the moving party is requesting.

If you have any questions concerning how to obtain a modification for either child custody, visitation, spousal support or child support, or if you would like to know what your chances are for obtaining a modification of your existing court orders, please call the law office of Famularo & Associates to set up an appointment for a free consultation with one of our experienced family law attorneys.