Post Judgment Modification of Family Law Orders
Modification of child support, spousal support, child custody and more
Post Judgment Child Custody, Child Support and Spousal Support Modifications
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 really ever over? That depends on whether there are children and issues of child support or alimony involved.
Child custody and visitation modification
Child custody and visitation can be modified post judgment at any time. If a parent seeks a custody modification after a final custody judgment, that parent seeking the change must show there has been 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 not necessary 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.
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.
Spousal support modifications
Some divorce judgments that were agreed upon by the spouses make alimony unmodifiable.
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 a reduction of spousal support due to a significant change of circumstances.
The supporting spouse often brings this request. The supporting spouse claims his or her income went down, the supported spouse's income went up, or the supported spouse now cohabitates with a nonmarital 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 for 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.
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