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.