Post judgment modification California family law allows either party to seek changes to existing court orders when circumstances have materially changed since those orders were entered. Post divorce modification California is available for spousal support, child support, and child custody — the three types of orders that are inherently forward-looking and subject to change as lives evolve. Understanding when modification is available, what must be shown, and how to change family court order California courts have issued protects your rights as circumstances change over time.
What Post-Judgment Modification Is Available
Post judgment family law California modification is available for orders that were never intended to be final and permanent in the same way as property division. Modify divorce order California petitions are available for: child support — modifiable at any time upon showing changed circumstances; spousal support — modifiable when circumstances have changed materially since the order, unless the parties agreed to non-modifiable support; and child custody — modifiable when changed circumstances affect the child's welfare and modification serves the child's best interests.
Property division orders, by contrast, are generally final. Once a divorce judgment divides property, that division cannot be revisited simply because one party later thinks they made a bad deal. The exception is when property was omitted from the judgment — omitted community property can be addressed by either party at any time.
Changed Circumstances Required for Modification
Modify court order California family law proceedings require showing a material change in circumstances since the prior order was entered. What constitutes a material change depends on the type of order: for support, significant changes in income, employment, health, cohabitation, or the children's needs; for custody, changes affecting the children's welfare including a parent's relocation, a change in either parent's work schedule, or the children's developmental needs at different ages.
Change family court order California courts will not grant based simply on a desire for a different outcome or dissatisfaction with the original order. The party seeking modification must identify specific factual changes since the prior order and explain how those changes justify the proposed modification. Courts are particularly reluctant to modify recent orders without significant changed circumstances — to prevent a pattern of endless re-litigation.
The Modification Process
Post divorce modification California proceedings begin with filing a Request for Order (FL-300) in the court that issued the original order, along with a declaration describing the changed circumstances and requesting the specific modification sought. An updated Income and Expense Declaration (FL-150) is required for support modifications. The court sets a hearing date, both parties have an opportunity to present evidence, and the judge rules on the modification request.
Furubotten Law, APC handles post-judgment modification proceedings for support and custody throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.