Post-Divorce Modifications: Revising California Court Orders
Divorce is a significant transition into a new phase of life. As you settle into your post-divorce life, your circumstances can easily change. A court order that worked perfectly two years ago may no longer fit your current reality. Fortunately, California law allows you to go back to court to seek a post-judgment modification.
Whether you need to adjust financial support or parenting time, an experienced modifications lawyer can help you understand your options and ensure your legal arrangements evolve with your life. Miller & Associates, Attorneys LLP, was established in Rocklin in 2008. Serving the greater Sacramento communities, our team brings over 50 years of combined experience to every case, providing the creative and reliable representation necessary to protect your family’s future.
When Can You Modify A Court Order In California?
To successfully request a post-judgment modification, you generally must demonstrate a material change in circumstances. This legal standard means that something significant has shifted since the judge signed your last order. If you can show that the current order is no longer viable or fair due to new developments, the court has the authority to update the terms.
What Are Examples Of A Material Change In Circumstances?
Many different life events can meet the threshold for a modification. We frequently help clients seek a modification under the following scenarios:
- Income loss or new employment: If you or your former spouse loses a job or receives a significant promotion, you may need to modify financial support obligations.
- Relocation: When a parent moves a significant distance away, it often requires a move-away order to change custody and visitation schedules.
- Health issues: A serious illness or disability for a parent or child can drastically change the family’s financial needs and caregiving abilities.
- Changes in a child’s needs: As children grow, their educational requirements, extracurricular activities and medical needs evolve. Sometimes, these changes necessitate a fresh look at child support or custody arrangements.
- Remarriage or cohabitation: A former spouse’s new living arrangement can sometimes impact spousal support obligations depending on the original agreement.
Our attorneys understand how to effectively frame these life changes to the court. We want your request to receive the serious consideration it deserves.
What Evidence And Documentation Do You Need To Support A Request For A Modification?
To request a modification, you must provide evidence and documentation. Helpful evidence includes:
- Financial records: Recent pay stubs, tax returns and W-2s prove income shifts.
- Medical records: If a health crisis is the basis for your request, documentation from doctors is required.
- School and child care records: Evidence of changing tuition costs or a child’s specific educational needs is important evidence.
- Communication logs: Records of schedules or disputes that show why a custody change is necessary.
An experienced post-decree modifications attorney can help you evaluate your situation and better understand what kind of evidence you will need to provide.
Reaching An Agreement To Modify Your Court Order
Oftentimes, it is possible to reach an agreement with your former spouse to amend the terms of your original court order. The mediation process is an excellent way to negotiate an amicable resolution. Our experienced family law attorneys can help you draft a stipulated order and submit it to the judge for a signature. This makes it a legally binding part of your record without the stress of a hearing. If you can’t reach an agreement, our attorneys will file a formal motion with the court and advocate vigorously for your rights.
What Are The Risks Of Informal Agreements?
While it is tempting to reach your own agreement with your ex-spouse to save money, informal side deals without a new court order are dangerous. They are not legally enforceable, which can lead to significant issues. For example, if you verbally agree to pay less child support, the law will still only recognize the original amount. As a result, massive support arrears can accumulate. There could be interest penalties and even license suspensions if you cannot prove the new deal in court later.
Speak With A Modifications Lawyer
Whether you are seeking a modification or need to oppose an unfair request from your former spouse, our attorneys at Miller & Associates, Attorneys LLP, are here to guide you. Our founders are board-certified family law specialists who understand the complexities of the Placer County courts. We will help you evaluate your situation and develop a strategy designed to protect your interests.
Call us today at 916-677-4971 or send a message through our website to schedule a confidential appointment.