Post Judgment Modification of Family Law Orders

Divorced couples generally take a deep breath when their case ends. They have a divorce judgment from the court.

For some, it signifies the end of a long battle they never wanted to fight. But is a case ever over? That depends on whether there are children involved and issues of child support or alimony.

Post Judgment Child Custody and Visitation Modification

Child custody and visitation can be modified after judgment at any time. If a parent seeks a custody modification after a final custody judgment, that parent must show a significant change in circumstances since the final order and that the new proposed order is in the children's best interest.

If a parent doesn't wish to change custody but only wants to modify the visitation schedule, it is generally unnecessary to show a significant change.

Simply demonstrating to the Court that the visitation schedule should change because that change is consistent with the children's best interest is sufficient. What types of issues cause a change in modification?

The list is long, but the most common ones are one parent not spending the court-ordered time with the children, physical or emotional abuse, parental alienation, drug or alcohol abuse, especially a relapse, a change in the residence of one parent, or a proposed move away by a parent with the children.

Post Judgment Child Support Modification

Child support can also be modified after a divorce. Anytime one or both parent's incomes change (up or down) or the time one parent spends with the children goes up or down and stays there, a parent may seek a modification of child support.

Does that mean a parent should jump into Family Court the moment there is a change? Not necessarily.

So much of that decision depends on whether the change in income or time share is temporary or not. A parent who occasionally misses a visitation, especially if that parent makes up the time, should not have to defend a modification request.

A slight reduction or increase in income also often does not justify a post judgment modification request. Family Law judges don't like seeing child support modification requests unless the change that has taken place is significant.

Post Judgment Spousal Support Modifications

Some divorce judgments make alimony unmodifiable. That can only happen with the agreement of the parties.

However, most alimony awards can be modified. Unlike child support, alimony modifications are not as simple or straightforward as many think.

The computer program that sets child support and temporary alimony does not apply to post judgment modifications.

The Court is required to look at the 13 factors of Family Code section 4320, among other things, and it is critical that you seek the advice of experienced divorce lawyers at Farzad & Ochoa before undertaking a spousal support modification or defending a request for modification by your ex-spouse.

Spousal support modifications come in all shapes and sizes. The most common modification requests involve reducing spousal support due to a significant change of circumstances.

The supporting spouse often makes this request. The supporting spouse claims his or her income went down, went up, or that he or she now cohabitates with a non-marital partner.

We wrote a terrific guide on cohabitation and alimony in California. Please check it out.

Let's learn more about California divorce hearings

It is uncommon for property divisions to be modified unless the agreement allows modification or certain circumstances have occurred that mandate it as a matter of law.

Since post judgment property modifications can be complex, advice from divorce lawyers like those at Farzad & Ochoa should be your first priority.

We offer an affordable strategy session to discuss your post judgment matter and how our experienced attorneys can help you.