An article on the website californiadivorce.info discusses the types of family law court orders in California that are most often amended, or ‘modified’. The 3 types of orders the article discusses are:
- Child Custody/Visitation Orders,
- Child Support orders, and
- Spousal Support orders.
Child Custody/ Visitation Order Modification
When the court finds a modification of the visitation schedule or child custody order to be “necessary or proper” and in the child’s best interests, [Ca Fam § 3022] the court may chose to alter its initial decision. The responsibility is on the parent seeking a modification to show a “significant change of circumstances” that would support such an alteration.
Child support orders are modifiable “at any time as the court deems necessary.” Even if the parties have agreed that support may not be modified, child support may be modified at any time especially if they do not adhere to the statewide child support guidelines.
Modification of Spousal Support Orders
Spousal support in California awards and agreements are modifiable throughout the support period, except as to amounts accrued prior to the filing of application for modification and except as otherwise provided by agreement of the parties. However, unlike child support, the court’s continuing power to modify spousal support is dependent on the terms of the court’s order. Unless jurisdiction to award support has been reserved, post-judgment spousal support is limited by the stated duration of the order, unless the parties agree to continue support for a longer period of time. [Ca Fam §§ 3603, 3651(c), 4333, 4335]
Whether you are seeking a modification of spousal support, child support, custody or visitation, your chances of successfully amending the courts orders increase substantially when your retain the services of experienced Family Law counsel. Custody and support proceedings are extremely important, affecting every part of your child’s life and your own future. When your circumstances change, it can become necessary to petition the courts to review their orders regarding your child or alimony arrangements.
With a skilled family law attorney in California from Wallin & Klarich on your side, you can rest assured that your 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.
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