Modifications in California
Are you unhappy with the orders that were made in your family law case and would like to have those orders modified? If a judge has entered an order for child custody, visitation, child support, or spousal support in your case, you may be able to modify or change it.
There are many reasons why you would want to change the prior court orders that were made in your case. These reasons include:
1) You and the other party to the proceeding have come to an agreement that is different than the court orders
2) There has been a significant change in circumstances in your situation since the orders were entered; OR
3) The court, or the other party, made a procedural error that you believe resulted in a ruling that was not in your favor.
If you believe any of the circumstances mentioned above apply to your case, it is important that you seek the advice of one of the experienced California family law attorneys at Wallin & Klarich to ensure the best possible outcome in your post-judgment modification case.
If you wish to modify any court orders in your case, you may attempt to come to a new agreement with the other party to the proceeding. This option would be the most cost effective for you, since there would be no need to appear in court. Once an agreement is reached, the agreement must be submitted to the California family law court, where the judge will sign the agreement. Once the judge signs the agreement, the agreement becomes a court order and is legally enforceable.
While this option is procedurally the least complex and most cost effective type of modification, it still requires the expertise of an experienced family law attorney in California. There are several issues that could arise from coming to a new agreement with the other party. The new agreement could be difficult to negotiate with the other party and an experienced California modification attorney could be the difference in helping you reach an agreement.
Change in Circumstances
If you and the other party cannot reach an agreement, you may still request that the court change your orders, as long as you can show a significant change in circumstances. A modification based on change of circumstances can be utilized in child custody, visitation, child support, and spousal support cases. It applies to “final orders” in your family law case. The law and procedure for changing temporary orders is slightly different.
Child Custody and Visitation Modifications
If you would like to change your child custody or visitation orders, you must be able to show that there has been a significant change in circumstances that requires a new child custody and visitation order. You must be able to prove that the existing orders are no longer in the best interest of your child. The burden falls on the person who is attempting to change the child custody and visitation orders to show the court that the new proposed orders are in the best interest of the child.
Changes in child custody and visitation orders can be very difficult to achieve. The courts always strive to ensure that the orders are in the best interest of the child. If the orders have been in place for a significant period of time, the court may feel as though changing the orders would disrupt the stability that the child has enjoyed during the time the current orders have been in effect. Thus, if you are seeking to modify a child custody order based on a change in circumstances, you should not attempt to do so without the help of an experienced family law attorney in California.
Child and Spousal Support Modifications
In order to change a child support or a spousal support order, without an agreement, you must also show that there has been a change in circumstances since the orders were made. The change in circumstances does not necessarily have to be as significant as with modifications to child custody and visitation orders. A change in your income, or the income of the other party, can be enough to modify your support orders.
If you disagree with the final judgment in your family law case, there are also post-judgment motions that can be filed on your behalf, in order to modify your orders. Post-judgment motions can be more complicated than the other modification options. The various motions that can be filed to modify your final judgment are:
1) A motion for a new trial or a motion for reconsideration, if you believe that the court made a legal or procedural error
2) A motion to set aside the court’s judgment, if you believe the judgment was made under duress, by mistake, or by the fraudulent activity of one of the parties; AND
3) A motion to vacate, if you believe there is a conflict between the court’s ruling and its reasoning for the ruling.
Each of these motions presents complex legal challenges and time limits as to when each motion needs to be filed. Thus, it is essential that you hire an experienced California modification lawyer to assist you in your post-judgment motion matter.
California Modification Lawyer
Successfully convincing a court to change an existing court order will depend on the legal arguments of your case. Thus, it is important that you have an experienced family law lawyer by your side to ensure that the details of your case are argued appropriately before the family court. The skilled family law attorneys at Wallin & Klarich have over 30 years of experience successfully helping clients modify their court orders. You can rely on our promise that we will work hard to achieve the best possible result in your case.
With offices located throughout Orange County, Los Angeles, San Bernardino, Riverside, San Diego, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks, there is always a Wallin & Klarich attorney available wherever you happen to live. To speak with a Wallin & Klarich California family law attorney today, please call (888) 749-7428. We will get through this together.