Carlsbad Modification Lawyers

Modification Of Custody & Support Court Orders In Carlsbad

So, you survived the emotional and complex process of completing your divorce case. You have final orders on all issues – some issues settled, perhaps some issues were decided by the judge, but you got through it, and you have a divorce judgment in your hands. You’re done with family court, right? Not necessarily.

The family court retains jurisdiction over many of the issues related to your recently dissolved marital relationship and may need to be called upon in the future if a modification to your existing divorce judgment is needed. Courts evaluate modification requests by prioritizing the child’s best interests and considering whether there has been a significant change in circumstances. A person, such as you or your former spouse, can seek a modification of a child custody and visitation order at any time. When a modification is requested, a hearing will be scheduled by the court, and you must provide proof to support your request. If that’s something you’d like to do now, contact us at Griffith Young for help.

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Understanding Modification Law

Navigating the process of modifying existing court orders in family law matters can feel overwhelming, but understanding modification law is the first step toward achieving a fair and workable outcome. In California, parents or former spouses may seek to modify agreements related to child custody, child support, or spousal support when there has been a significant change in circumstances. This could include a job loss, a substantial change in income, a parent’s relocation, or changes in a child’s needs or schedule.

To begin the modification process, one parent must file a request for order with the court clerk and pay the required filing fee. After filing, the other parent must be properly served with the paperwork, ensuring both parties are aware of the requested changes. The court will then schedule a court date, where both parents have the opportunity to present necessary evidence and explain why the current agreement should be modified. The judge will carefully consider factors such as the best interests of the child, the financial situation of each parent, and the specific circumstances that have changed since the original order was made.

If both parents agree to the modification, the process can be more straightforward, with both parties signing the new agreement and submitting it to the court for approval. However, if the other party does not agree or refuses to sign, the court will step in to resolve the dispute. The judge’s primary concern will always be the best interest of the child, taking into account the current living situation, parenting time, and the ability of each parent to provide support.

For example, if one parent experiences a significant decrease in income, they may request a modification to reduce their support payments. Alternatively, if the other parent relocates or is unable to provide adequate care, a change in the custody agreement may be necessary to reflect the child’s best interests. In all cases, providing clear and convincing evidence of the significant change in circumstances is essential to support your request.

Because the modification process involves complex legal standards and strict procedural requirements, having an experienced family law attorney on your side can make a substantial difference. An attorney can help you gather the necessary evidence, file the correct forms, and advocate for your interests in court, increasing your chances of achieving the best possible outcome for you and your family.

Whether you are seeking to modify a child custody agreement, spousal support agreement, or another type of family law order, understanding your rights and the steps involved can help you approach the process with confidence. If you believe your current agreement no longer reflects your family’s needs, don’t hesitate to consult with a knowledgeable attorney who can guide you through each stage and help protect your interests.

What Can Be Modified In A Court-Ordered Divorce Judgement

After a divorce has been finalized, either party can request that the family court make additional orders on the following issues. There are common reasons for seeking modifications, such as changes in financial status, relocation, or concerns about the child’s welfare:

• Modification of child support and additional orders related to the support of children, such as payment of medical expenses, school-related expenses, child care, and extracurricular expenses
• Modification or termination of spousal support
• Modification of child custody and child visitation orders
• Division of property or debts not divided during the divorce
• Sanctions for bad-faith behavior during the divorce, such as failure to disclose assets
• Contempt of court for willful violations of prior known orders
• Domestic violence restraining orders
• Request to vacate (throw out) the entire final settlement or court ruling for good cause

Many of these “post-judgment motions” require that a certain threshold be met before the family court considers the request. For instance, before a motion to modify child custody is heard, the party requesting the modification must demonstrate that there has been a significant circumstances change relevant to the issue of child custody that would warrant a modification to the prior order.

This change in circumstances could be directly or indirectly related to the child, so long as the change in circumstances could potentially influence the court to change the co-parenting plan. Some examples might be a change to a parent’s work schedule, the child moving from pre-school or daycare to parochial school, or, unfortunately, in some cases, one parent’s involvement in illegal activity or abuse of drugs or alcohol. The court will always consider the child’s best interests when deciding whether to approve a modification.

Modification Of Spousal Support And Child Support Orders

Post-judgment motions related to spousal support and child support orders are especially important to understand, particularly for the party paying the support. There are legal limitations regarding the modification of child and spousal support orders that allow the family court to modify a support order only back to the date that a request to modify is filed. The old order, which, if you lost your job, you can no longer afford to pay, continues to accrue whether you can afford to pay it or not.

The only current exception to this rule is in the case of incarceration. An incarcerated obligor of a support order may obtain relief from an order for child support dating back to the date of incarceration, so long as he or she does not have an alternate source of funds from which to pay child support.

Modification Of Child Custody Orders

Once a permanent order for child custody and visitation is made by a family court judge, that order is generally only modifiable in the future if there has been a significant change in circumstances since the order was made. A change in circumstances would be anything that could potentially affect the current co-parenting plan. It could be that the noncustodial parent’s work schedule has changed to allow for more frequent visits.

It could be that the child has graduated from grade school to high school, and his or her level of maturity or connection with one parent or the other has changed. Many facts and situations can arise that may or may not be considered by the court as a material and significant change in circumstances. Generally, so long as it has been a significant period of time since the last orders were made, the court will allow the motion to modify to proceed.

The focus is always going to be to ensure that any orders made are in the best interests of the children.

When can California parents change their parenting time order?

In California, a parenting time order can be changed in two primary scenarios. The first is when both parents agree that a change is necessary. This can be due to a variety of reasons, such as one parent starting a new job with a different work schedule, or the children’s school and extracurricular activities changing. When parents are in agreement, they can file paperwork for an uncontested modification at any time after the initial order is entered. This is generally the quickest and most amicable way to alter a parenting plan.

The second scenario is when a significant change in the family’s circumstances has occurred, but the parents do not agree on how to modify the parenting time. In this situation, one parent must file paperwork to request a contested modification hearing. A judge will then review the existing order, hear testimony and evidence about the change in circumstances, and determine what a new parenting time order should look like, always prioritizing the best interests of the children. Making these changes official is important, as it can affect support obligations and maintain stable relationships within the family.

For Help Modifying A Court Order In Carlsbad, Contact Griffith Young

If you have been served with a post-judgment motion or wish to evaluate whether or not you should file a post-judgment motion, it is important that you talk to a qualified attorney as soon as possible. At Griffith Young, we have assembled a team of talented attorneys who have the skills and expertise to handle family law-related cases of every nature, including those involving post-judgment modifications. If your court order is no longer working for you, we want to help you modify it in a way that does.

Contact our Carlsbad modification attorneys at 858-345-1720 or online for more information about your options for a post-judgment modification.