Pre- and Post-Judgment Modification

PRE- AND POST-JUDGMENT MODIFICATION attorney orange county

A “final” judgment in a family law action does not necessarily mark the end of litigation between parties. In fact, many orders are modified, at the court's discretion, long after a final judgment is made, including orders of child support.

In California, each county’s local child support agency is required to enforce child support obligations for any child receiving public assistance. Upon request, they are also obligated to take the same action on behalf of a child not receiving public assistance. Any time there is evidence that supports a material change in circumstances, the court may order a modification. The party seeking a modification bears the burden of showing a change of circumstances warranting such modification. Instead of actual earnings the court may, in its discretion, consider the earning capacity of a parent, or may calculate a parent's earning capacity based on assets in lieu of the parent's income, so long as doing so serves the best interests of the child.

Spousal support awards and agreements, temporary as well as permanent, are modifiable throughout the support period. If a spousal support order or agreement is based on misrepresentations of a party, an experienced attorney can bring a set-aside motion on the basis of fraud or perjury.

Child custody and visitation orders are also generally modifiable throughout the child’s minority whenever the court finds a modification is necessary and proper in order to serve the best interests of the child. If you are looking for a trustworthy attorney who will be on your side, please contact us. We will be happy to help.

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Frequently Asked Questions

You may amend your pre- or post-judgment order in Orange County, but there are conditions. The initial pre-judgment order must be modified due to a significant change in circumstances. Changes in income, housing situations, or kid requirements are possible.

You must show a substantial change in circumstances to amend a post-judgment order like child custody or maintenance. Changes in job, relocation, or the child's best interests are examples. Gathering information & presenting a compelling argument to the court increases your chances of a modification.

To modify in Orange County, submit a Request for Order form to the court. This form describes the changes you want & offers proof. It's crucial to follow the court's filing instructions, including costs & paperwork. The court will analyze the materials & schedule a hearing after you submit the request. Attending the hearing & arguing well is crucial.

Orange County courts examine several considerations while modifying. These include the child's best interests, the family's stability & wellbeing, each parent's capacity to meet the child's requirements, & any substantial changes in circumstances.

The courts will also consider the child's age, health, education, & domestic violence or abuse. Your argument for modification must be supported by strong evidence that the suggested modifications are in the child's best interests.

You may seek interim changes in Orange County. If a parent's job loss or a child's safety issues need rapid adjustment, temporary amendments may be allowed.

An emergency Ex Parte application is needed to obtain a temporary change. This application should justify the interim adjustment & offer proof.

Orange County needs a court request to modify a pre-judgment order. Your update request must be supported by new information or a change in circumstances. Consult with an expert family law attorney to assist you through the procedure & make a compelling modification case.

Orange County Family Law cases may amend post-judgment orders. You must submit a motion to the court & present evidence to amend a pre-judgment order. Changes in circumstances or new facts might justify post-judgment order modifications.