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.