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Can I change my support or Custody Order?
Under California Law, certain orders may be modified after a final judgment
has been made. There are three areas in which post-judgment modifications
are commonplace-- Child Custody/Visitation Orders, Child Support orders,
and Spousal Support orders. The court will not Modify the Property
Division that has been Adjudicated by a Final Judgment, however, there is a
possibility that even such judgments may be rescinded if a timely set-aside
motion under Ca Civ Pro § 473(b) or Ca Fam § 2120 et seq. set-aside
proceeding on statutorily-prescribed grounds and within
statutorily-prescribed time limits is brought.
Modification of Child Custody/Visitation Orders: Child custody and
visitation orders are generally modifiable whenever the court finds a
modification is "necessary or proper" and in the child's best interests.
[Ca Fam § 3022]. Typically, the parent seeking a modification must show a
"significant change of circumstances" that would support such a
modification.
Modification of Child Support Orders: 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
to the mandatory statewide child support guidelines.
Modification of Spousal Support Orders: Spousal support awards and
agreements are modifiable throughout the support period except as to
amounts accrued prior to 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, postjudgment spousal support is limited by the
stated duration of the order. [Ca Fam §§ 3603, 3651(c), 4333, 4335]
Modification of Family Support:
A "Family support" order may be modified to separate orders for child and
spousal support where there has been a change of circumstances justifying
increased child support.
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and Aaron Dishon, Esq.
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(The preceeding information is advertising; as defined in and pursuant to Article 9.5 of the California Business and Professions Code)
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