Modification of California Family Court Orders

How Can I Modify A Family Court Order?

After the court has ordered child support, visitation rights, spousal support in a divorce or other family law case, following that order is not optional. Any party that fails to adhere to the ordered payments can face legal repercussions for being in contempt of court.

However, life changes, and family court orders should change with it. If you have undergone a substantial change in circumstances, and you qualify, you can petition the court for a modification of child support, child custody, spousal support, and more.

What Circumstances Qualify for a Modification?

There are a variety of circumstances that can necessitate the need for a modification. Our Rancho Cucamonga divorce lawyers are here to help people on both ends of the spectrum—those that need to request a modification and those who need to contest modification petitions.

Modifying a family court order can save you a substantial amount of money. If you need to modify a court order, we invite you to contact our law firm to discuss your options.

The Legal Process of Modifying a Family Court Order

Modifying a family court order in California typically involves several steps, which can vary depending on the specific circumstances and the type of order being modified. Here's a general overview of the process:

1. Identify the Order to Modify: Determine which family court order needs modification. This could include child custody, visitation schedules, child support, spousal support (alimony), or other related issues.
2. Grounds for Modification: In California, you generally need a significant change in circumstances to modify a court order. This could be a change in income, employment status, relocation, health issues, or other relevant factors that affect the original court order.
3. Negotiation and Agreement (if possible): If both parties agree on the modification, they can draft a stipulation (written agreement) outlining the changes and submit it to the court for approval. This can streamline the process significantly.
4. Court Petition: If there is no agreement or if one party disagrees with the proposed modifications, the party seeking the modification must file a petition with the family court that issued the original order. The petition should clearly state the reasons for requesting the modification and provide supporting evidence.
5. Service of Petition: The petition must be served to the other party involved, informing them of the request for modification. Proper service is critical to ensure due process.
6. Response and Court Hearing: The other party has an opportunity to respond to the petition. If there are contested issues, the court may schedule a hearing where both parties can present their arguments and evidence.
7. Court Decision: After reviewing the evidence and considering the arguments presented, the court will decide whether to approve or deny the modification request. The court's decision is based on what it determines to be in the best interests of the child (if children are involved) or what is fair and reasonable given the circumstances.
8. Issuance of Modified Order: If the court approves the modification, it will issue a new court order reflecting the changes. This modified order replaces the previous one and must be followed by both parties.

Each case is unique, and the specifics of the process can vary based on factors such as the complexity of issues involved, the willingness of parties to cooperate, and any legal representation involved. Seeking guidance from a qualified family law attorney in California can provide personalized advice and assistance throughout this process.

Modifying All Types of Family Law Agreements

Our Rancho Cucamonga family lawyers at Family Law Advocacy Group are very familiar with drafting all types of modifications (as well as contesting modifications) and can assist you to get the matter resolved. With years of experience, they are the advocates you want behind your case.