Family Law

Post Judgement Modification

Family Support

Post Judgement Modification Attorney in California

1. Change in Circumstances:
To seek a post-judgment modification, there must be a significant change in circumstances that justifies the modification. These changes can include changes in income, employment, health, or the needs of the children.

2. Child Custody and Visitation Modification:
If you want to modify child custody or visitation arrangements, you typically need to demonstrate that the change is in the child's best interests. California courts prioritize the best interests of the child when making custody and visitation decisions.

3. Child Support Modification:
Child support can be modified if there is a significant change in income or expenses for either parent. You can request a modification through the local child support agency or the court, depending on your circumstances.

4. Spousal Support (Alimony) Modification:
To modify spousal support, you generally need to show a substantial change in circumstances since the initial spousal support order was made. Changes in income, employment, or financial need can be grounds for modification.

5. Property Division Modification:
Property division orders are typically not modifiable. However, there are exceptions if there was fraud, misrepresentation, or other misconduct related to the property division.

6. Filing a Request for Modification:
To initiate the process, you need to file a Request for Order (RFO) with the court in the county where the divorce judgment was originally issued. You will need to complete the required forms, provide documentation of the changed circumstances, and pay any necessary filing fees.

7. Serving Notice:
You must serve notice of the modification request to the other party, giving them an opportunity to respond.

8. Court Hearing:
The court will schedule a hearing to review your request and the response from the other party. Both parties can present evidence and arguments to support their positions.

9. Court Decision:
The court will consider the evidence and issue a modified order if it finds that the requested modification is warranted. The court's decision will be based on the best interests of the child (for custody and visitation) or the changed circumstances (for support modifications).

10. Enforcement:
Once the court issues a modified order, both parties are legally bound by it, and the modified terms must be followed. It's important to consult with an attorney who specializes in family law when seeking post-judgment modifications in a divorce case in California. An attorney can guide you through the legal process, help you gather the necessary documentation, and advocate for your interests in court if necessary. Additionally, it's crucial to comply with all legal procedures and deadlines to ensure your modification request is properly considered by the court.