Modifications of Court Orders

Conditions Change Requiring the Need to Modify Divorce Orders

Sometimes court orders entered in a dissolution need to be modified. It is a normal fact of life that factors affecting the result of a court order may change over time. People lose or change jobs, which can affect their incomes. Parties may increase or decrease the amount of visitation with their children. Former spouses receiving spousal support get remarried. All of these factual scenarios, if proven, may provide a party with a different ruling by the Court. Without obtaining a court modification of that order, however, the existing order remains in full force and effect and must be obeyed by the parties.

To file a motion requesting order modifications it is important to show a material change in circumstances since the last order.

Child Support Changes & Modifications

There are several reasons to seek such a modification but the most common are: (1) the party seeking modification has a significant change in income; or (2) there has been a change in the time-share (i.e., the actual time each parent spends with the child). Either of these factors may have an impact on the amount of child support the non-custodial parent is obligated to pay or the amount of support the custodial parent is entitled to receive.

These changes in your life circumstances do not automatically affect your current child support order: you must file a motion to modify with the Court before the Court will take these changes into account in reviewing your child support order. In other words, you cannot unilaterally change your child support order based on changes in your circumstances. You must bring these changes to the attention of the Court via a properly filed motion before these changes may legally change/modify your child support order. Failure to follow this procedure could result in you being in contempt of the Court's order.

If the Court agrees to your proposed modification, the Court has the power to make the modification retroactive to the date your motion was served on the opposing party.

Child Visitation / Child Custody Changes & Modifications

To modify child custody or child visitation orders, the party seeking modification must, again, show a material change in circumstances. The moving party must also show that the proposed modification would be in the best interest of the child.

May Be Required to Attend Mediation Sessions

Depending upon the practice of the Court in which you seek a custody order modification, the parties may be required to attend a mediation session before a family court services mediator appointed by the Court. In some counties, the mediator's report and recommendations are routinely adopted by the Court as its custody and visitation order, absent objection by either party. In other counties, these reports are merely treated as evidence to be considered by the Court.

Jonathan Chance, at JC Law Offices, knows the importance of these issues. He is a qualified Family Law Attorney who has experience in developing unique and winning strategies. Attorney Chance will thoroughly examine your information and advise you how to best continue in your order modification efforts.

Attorney Chance has represented clients in matters of divorce and family law from all over the bay area. His office is centrally located in San Mateo, California. You may call, email, or FAX him by visiting his contact us page.