Practice Area
Orange County Modification of Custody or Support Lawyers
Modification of Custody or Support
Child custody, child support and spousal support arrangements are made according to the child’s best interests, families’ incomes and financial needs at the time of a divorce. However, as time goes on, circumstances naturally change for both divorced spouses and their children. That’s why California law allows divorced people to petition a court or their county child support services agency for a modification in their child or spousal support arrangements.
Support arrangements may be modified if there is a “substantial” change in circumstances for either party or for the child. Child support payments may also be changed if your original child support order was set below the state’s guidelines, regardless of whether circumstances have changed. Substantial changes could include:
- Loss of a job or other income decrease for the payer.
- An increase in income for the payee, including a new job or a raise.
- A change in child custody.
- Changes in the amount of time a child spends with each parent.
- A substantial change in the child’s financial needs — this could be just the natural effect of a young child getting older, or the result of a specific event.
Child custody and visitation plans may also be modified to accommodate new circumstances. California law on changing a custody arrangement is stricter than the law on changing child support; a parent petitioning for a custody change must show that the circumstances are so different that the change is essential to protect the children’s welfare. Changed circumstances that could lead to a change in custody or visitation include:
- A move by either parent so far away that the existing custody or visitation arrangement isn’t practical anymore.
- A lifestyle change that makes one parent unable or unsuited to care for a child, such as serious health problems, working a night shift, going to prison or drug and alcohol abuse.
- Extreme interference by one parent in the other parent’s visitation or custody rights.
- Death of one parent. When this happens, custody rights automatically revert to the other parent. However, if a third party, such as a grandparent, feels that this is not in the child’s best interests, that party may start a new custody case.
If both former spouses agree on a change in custody or support arrangements, they may ask for the changes with a written agreement submitted to the court. If there is a conflict over the proposed changes, they are entitled to a court hearing. In either case, an experienced Southern California family law attorney can help by advising you on which parts of the law apply to your case; helping you present your financial and personal information in the best light; or simply taking away the burden of scrutinizing the legal and financial details under circumstances that are often emotional or unpleasant.
Custody and support proceedings are extremely important, affecting every part of your child’s and your own future. With Wallin & Klarich on your side, you can rest assured that your Orange County modification of child support attorney is working hard to get the best possible outcome for you and your family. We have more than 30 years of experience in divorce, custody and other family law matters. And with offices located from San Diego to Ventura to the Inland Empire, we’re able to be there for you, wherever you happen to be. For a consultation, call us today at 1-888-749-7428 or fill out the online consultation form to the right.
At Wallin & Klarich, we approach every case with the belief that the person we’re representing could easily be one of our own family members. We’ve seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times — 24 hours a day, 7 days a week, 365 days a year. If you are involved in a family law matter in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-749-7428 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.
Modification Overview
The divorce court has disposed of all community property, and has set forth child support, child custody, child visitation, and spousal support. What happens if circumstances change and you want to change the final court order?
If you want to lower your child support payments, gain or secure increased custody or visitation, move to another city with your child, you must request a modification to the existing family court order. A family law court will modify the judgment if there has been a material change in circumstances. There are many examples of material changes in circumstances, but generally, the court may consider anything that materially raises or lowers your earning capacity or assets.
To request a modification, you must follow the proper procedure. Even if factual circumstances justify the modification, do not assume that the change in circumstance automatically relieves you of your family court duties, i.e., the mere fact that you filed for bankruptcy does not automatically relieve you of support payments. If you fail to fulfill support obligations as defined in the current court order, you can be punished by fines, liens, wage assignment, or jail.
If you wish to modify an existing court order, contact a Southern California family law attorney to guide you through this process. A lawyer can help you identify circumstances in favor of modification and advise you on the best course of action. Even if a family law lawyer states that a court will likely not modify the existing order, at least he or she can tell you what you need to do now to convince the court to modify the order in the future. Because courts are legal bodies, you need a legal professional represent you so he or she can effectively communicate your position to the court.
If you or someone you know wants to modify an existing family law court order, you will need an experienced Southern California family law attorney to represent you. At Wallin & Klarich, we have helped people going through the divorce process for over 30 years. Call us today at (888) 749-7428. We will be there when you call.
Modification What Circumstances Justify a Modification?
Many circumstances may justify a court modification of an existing order.
For child or spousal support, a court may lower support obligations if a party loses his or her job, or if the party’s business is doing poorly. Conversely, a court may raise support obligations if one party comes into a large inheritance, receives a large monetary gift, gets a raise or promotion, or if one of the parties wins the lottery. Any material change in financial circumstances or income earning capacity may cause the court to reevaluate and change the existing support order.
As for child custody and visitation, the court can change the existing custody arrangement or reduce visitation if one of the parties has been convicted of child abuse or other crimes, if a party is addicted or mental ill, or if the one of the parties has violated existing court orders (such as moving the child out of the county without the court’s permission). The guiding principle in child custody and visitation is the best interests of the child, and any change in circumstance that affects the best interest of the child may affect custody and visitation. Thus, even if you were convicted of crimes at the time of the initial order, if you have demonstrated a willingness to rehabilitate yourself through treatment and restitution, a family law court may consider giving you increased custody or visitation.
The divorce court’s final adjudication and distribution of community estate cannot be modified except via timely motion or appeal. Once the time to set aside or appeal the court’s decision has passed, the divorce court’s division of community property is final. However, if the court did not fully divide the community estate, either because one of the parties was concealing community assets or both parties did not realize that community assets remained, the divorce court retains jurisdiction to distribute remaining community property.
If you wish to modify an existing child support order, contact a Southern California family law attorney to guide you through this process. A lawyer can help you identify circumstances in favor of modification and advise you on the best course of action. Even if a family law lawyer states that a court will likely not modify the existing order, at least he or she can tell you what you need to do now to convince the court to modify the order in the future. Because courts are legal bodies, you should have a legal professional represent you so he or she can effectively communicate your position to the court.
If you or someone you know wants to modify an existing family law court order, you will need an experienced Southern California family law attorney to represent you. At Wallin & Klarich, we have helped people going through the divorce process for over 30 years. Call us today at (888) 749-7428. We will be there when you call.
Modification What Is the Procedure for Modifying an Existing Family Law Court Order?
To file a modification, first identify the court where the original order or judgment was filed. Generally, the modification must be filed in the same court.
Next, the person requesting the modification must fill out and file either an Order to Show Cause or a Notice of Motion to request modification. These documents must be filed using the designated court form, either FL-300 for an Order to Show Cause or FL-301 for a Notice of Motion. Both of these forms can be found online at the California Court’s website here.
Documents filed should also include a memorandum of points and authorities, which consists of citations to cases or statutes in support of modifying the existing order or judgment.
Once these documents are filed, they must be served on the opposing party. This means having someone who is not a party to the litigation delivering the order to show cause or notice of motion, plus a proof of service, to the opposing party.
The party that receives the order to show cause or notice of motion can respond to the court by stating why the existing order or judgment should remain, or some alternative proposal to the modification requested.
At the modification hearing, the parties will have the opportunity to argue before the family law court. The family law court may also allow witnesses to testify at the hearing, but this is in the court’s discretion. The party that originally requested modification has the burden of proving that the court should modify the existing order, meaning that if the original party cannot show that modification is justified, the existing order remains in effect.
This is a general guideline to modifying child support, and many circumstances may affect the procedure. Thus, you should contact an experienced Southern California family law attorney before proceeding. A lawyer can help you not only with the legal arguments, but the exact procedure to follow in light of your unique circumstances. Without a lawyer, you may be vulnerable to a thousand little mistakes that can derail or delay your request for modification.
If you or someone you know wants to modify an existing family law court order, you will need an experienced Southern California family law attorney to represent you. At Wallin & Klarich, we have helped people going through the divorce process for over 30 years. Call us today at (888) 749-7428. We will be there when you call.
Modification FAQs
1. Can I request that the family court reduce or eliminate child support arrearage already owed?
Generally, the court has no power to change the amount of child arrearage owed before you file the request for modification, and any arrearage also accrues interest. Thus, if a change in circumstance occurs affecting your ability to pay child support, contact a Southern California family law attorney as soon as possible to limit your possible arrearage.
2. Can I modify a support order if the other party intentionally misrepresented factual circumstances at the time of the order, i.e., stated that he or she no longer has a job but was actually paid under the table or did not report income?
No, the correct procedure is a motion to set aside the order based on fraud or perjury. Upon a showing that the other party intentionally misrepresented or concealed assets, the original order will be set aside and the court will issue a new order properly reflecting the circumstances.
3. The modified court order reduced my child support obligation, but still included a wage assignment. Can I get rid of the wage assignment and just send a monthly check to the other party?
No, both initial and modified court orders regarding child support must include a wage assignment against the party with a support obligation, and wage assignments are usually effective immediately.
4. I have a child support obligation and have been laid off by my job, but I have other financial resources that can sustain me for well into the future. Will a court reduce my child support obligation, despite my financial resources?
It depends. Since child support is for the benefit of the child, if you can still provide for the child at the current support level despite your loss of employment, a court may deny the request to modify, especially if modifying the current support level would detrimentally affect the child.
5. Can the court order the other party to reimburse me if I paid too much child support?
Yes, but it is within the court’s discretion whether and how to reimburse you. In determining whether to reimburse you, the court must consider the amount of overpayment, the previous court order, whether reimbursement would be a hardship to the other party, and anything else the court considers relevant. If the court decides the reimbursement would be fair, the court then determines whether to order a lump sum payment, payment over time, or an offset against future support payments.
If you or someone you know wants to modify an existing family law court order, you will need an experienced Southern California family law attorney to represent you. At Wallin & Klarich, we have helped people going through the divorce process for over 30 years. Call us today at (888) 749-7428. We will be there when you call.
