Modifications of Divorce Orders

Call an Irvine Divorce Lawyer at (949) 681-9952

Nothing in life ever stays the same forever. Your job, income, and living situation are all subject to change over the years. So what happens if these changes affect your ability to comply with a parenting plan or with court-ordered child support or alimony? That is where modifications come in to play.

When Can a Support Order Be Modified in California?

Post-judgment modifications may be granted by the court to individuals who can prove they have experienced a “significant change in circumstance.” In the case of child support or spousal support, these changes can include:

• Loss of a job
• Significant change in income (for either spouse)
• Increase in the number of children (excluding step-children)

For instance, if you are paying spousal support and you lose your job, you may be able to have your court order modified so that you pay less support – or none at all – until you are able to find a new job. On the other hand, if you are paying support and the other parent’s income significantly increases, then you may be able to request a modification that allows you to pay less support, since the other spouse is more capable of supporting the child/children.

As a parent who receives child support or alimony, you may also be able to request support modifications. You could request a higher amount of support if the paying parent’s income significantly increases, allowing them to afford additional child support or spousal support.

When Can a Custody or Visitation Order Be Modified in California?

Parenting plans (custody and visitation) can be modified if, as mentioned before, a parent can prove that he or she has experienced a “change in circumstance.” Most modifications of parenting plans are amicable and are worked out between the two parents through mediation. The new agreement is then presented to a judge to be signed. Contested cases, on the other hand, may require courtroom litigation.

Parenting plan modifications can be made due to the following changes in circumstance:

• A change in living situation by one parent
• Parent relocation/move-away cases
• Drug or alcohol abuse by a parent
• Physical or emotional abuse from a parent
• Parental alienation

Keep in mind that all court-ordered custody or visitation modifications are decided by a family law judge and are based on the “best interests of the child.” You will need to prove that the change will improve the child’s circumstances and well-being.

Steps to Getting a Court Order Modified

1. Talk to a Family Law Attorney – Do not try to request a court order modification without the guidance of a knowledgeable divorce lawyer. The process is complex and a mistake could cost you. Our Irvine divorce attorney knows the law and can help you pursue the best possible outcome.
2. Fill Out the Required Court Forms – Complete Form FL-300, Request for Order. Make sure to have your paperwork reviewed by your family law attorney to make sure you did it correctly. This will help you avoid mistakes, which can lead to delays or a denial of your request.
3. File Your Forms with the Family Law Court Clerk – Make at least two copies of your paperwork and then submit the original forms with the court clerk. You will receive your court date and may be required to meet with a mediator to work out the details of your modification with the other parent.
4. Serve the Court Papers to the Other Parent – You will need to provide a copy of your papers to the other parent, as well as Form FL-320, Responsive Declaration to Request for Order before your court date, as well as any other documents you may be required to serve him or her. You will also need to file your proof of service (Form FL-330 if you served them in person, or Form FL-335 if you served them by mail).
5. Attend Your Mediation and Court Hearing – If you and the other parent come to an agreement with the help of a mediator, then you will take the new agreement before a judge to be signed. Otherwise, you will need to go to court and a judge will make the final decision regarding the modification.

Get in Touch with a Family Law Attorney in Irvine

Gill Law Group, PC is a client-oriented family law firm dedicated to providing personalized and quality service. We take the time to listen to you and will create a unique strategy to meet the individual needs of your case. Let us help you get the modification that you need for a child custody, child support, or spousal support order.

Contact Us at (949) 681-9952 to Consult a Family Law at No Cost to You!