Modification of Orders

Circumstances change. It prompts many people to file for divorce, and it’s what some people claim as justification for wanting to change the terms of their divorce. It is possible to change some features of a divorce judgment in California, but there are a few legal reasons. Because of this, it is crucial to start the divorce process as early as possible.

The Law Office of Stephen Gassner is a family law firm located in California. Our firm has been practicing law in California for years. Suppose you’re thinking about getting divorced or need to find out more about modifying the terms of your divorce. In that case, you can contact us today to request a confidential initial case evaluation.

What Aspects of a Divorce are Eligible for Modification Orders in California?

Visitation and Children Support 

According to the California law courts, divorced parents may create new arrangements about the custody/visitation and maintenance of their children at any time. While this is often true, it does require that both parents agree on the alteration that is needed and that the modification reflects the children’s best interests.

All custody decisions must be under the best interests criteria otherwise, suggested modification order made purely for the parents’ convenience may be objected to if they appear detrimental to the children’s connection with the parents.

When only one parent wants to change a custody arrangement, that parent must submit a request for an Order to ask for the change formally. The California Courts will only approve a modification order in the absence of an agreement between the parents if a material change in circumstances necessitates one to safeguard the children’s best interests.

Child Support

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A request to modify child support must be based upon an effective change in circumstances because child support calculations in California are determined using a statutory formula. One of the few exceptions is where the parents’ current child support payment was established using an analysis lower than the “guideline” calculation, which only happens in a few specific situations. For example, suppose one or both parents’ income changes; a parent loses their job. In that case, if a parent is imprisoned a parent has a child with someone else, the custody arrangement between the parents has changed. The child’s financial needs for child care, health care, or education have changed. These are some examples of changed circumstances that may warrant a motion to modify child support in California.

Spousal Support (Alimony) 

Since the original computation of spousal support must consider the alimony factors established by California, requests to modify spousal support must also adequately consider these considerations. 

Although California courts have recognized the retirement of the paying spouse as an event that can support a request for alimony modification, this is not the only circumstance in which a motion to modify spousal support will be granted. As with child custody and support, you should talk through your choices with a local family law attorney like the Law Office of Stephen Gassner before making any changes if you need to seek a modification of your present child support obligation.

The Process Modifying a Divorce in California

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It is to consult a knowledgeable family law lawyer if you believe that there has been a change in circumstances that has had an impact on the instructions mentioned above. A knowledgeable lawyer like the Law Office of Stephen Gassner will analyze the revisions and advise you on the best course of action. Then, following careful deliberation, if you decide to move on with a divorce modification order, follow the following steps to make sure everything goes smoothly:

A motion to modify the divorce orders

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It is a much simpler and more affordable method. Additionally, it is the most effective technique to amend some order provisions. Any previous order may change by submitting a motion to the same court where the order was issued. For the request to be granted, it is crucial to describe and provide evidence of the altered circumstances when preparing the proposal. In the motion, it is necessary to state that your circumstances have changed, such as if you lost your employment after receiving custody rights, making it difficult for you to provide for the kids.

Changes to the divorce terms can be transitory. Additionally, they are not required to discuss a tiny portion of the initial divorce order merely. On the other hand, they may be irreversible and significantly alter your divorce settlement’s fundamental framework. For example, based on the new circumstances following a divorce, they may vary a directive for child support, the conditions of the original order for child support, and establish or eliminate spousal support.

Learn More About: Paternity Challenge by Law Office of Stephen Gassner

Frequently Asked Questions

  • When Can One Modify a Divorce Order in California?

    You might be allowed to revise the conditions of your divorce order if you or your spouse have undergone a significant change in circumstances since the divorce was officially finalized. You will need to demonstrate a change in circumstances and that the adjustment is to be approved. Examples of situational changes that might call for a revision include:

    • One spouse losses employment.
    • One partner got remarried.
    • As young children get older, their needs vary.
  • Can Informal Agreements in a Divorce Order Be Changed?

    It’s important to note that the order’s provisions cannot change by any informal agreements between the separated partners regarding those in the final divorce agreement. For example, due to a change in the circumstances, the two parents may decide, with the assistance of their attorneys, to either cut or increase child support payments. If this isn’t done by filing a petition with the court where the order was issued, it won’t affect any of the order’s conditions, and the order’s predetermined amount will still be in effect.

    The parent paying the support will be required to pay all arrears regardless of the informal arrangement if circumstances change in the future and the custodial parent decides to pursue the requirements of the divorce decision. In addition, this parent may be prosecuted for disobeying a court order. Therefore, it is essential to officially update the divorce order and obtain a fresh court order to avoid future legal complications.

  • How Often Should Modification Order of Child Support be in California?

    If there has been a substantial modification in circumstances since the order or every three years, either parent may ask the court to alter child support, according to California law.

Professional Family Law Attorney 

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Even if you think you have a reasonable basis for trying to modify your divorce order, you should first get legal advice from a lawyer. It will save you time and money to have an experienced attorney review your claim because modifications to divorce judgments are not something you should do lightly.

We at the Law Office of Stephen Gassner can assist you with the modification order. If we can support your request to modify the terms of your divorce, we will work with you to achieve your goal at each stage of the process. Contact us today to schedule a free modification order consultation!

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Law Office of Stephen Gassner
324 N Mountain Ave, Upland, CA 91786, United States
(909) 937-7000