What is the Order Modification Process in Orange County?
Family court Orders may need to be modified for a variety of reasons, both before and post-Judgment.
It’s not uncommon for circumstances to change after a Judgment of Dissolution or other final Order has been entered. Parents move, schedules change, parties lose jobs and are unable to pay child support or spousal support (alimony). If there has been a change of circumstances in your matter, you may request modified custody and visitation or support orders from the court. If you wish to modify your Order, first speak to a qualified Orange County Divorce attorney at Johnson Attorneys Group to ensure you qualify for a modification before moving forward.
At Johnson Attorneys Group, we always recommend that parties in need of modified orders reach out to the opposing party to see if a Stipulation and Order can be reached. If the parties agree to modify an existing order, all they need to do is draft a written agreement including the new terms, get signatures of both parties and their counsel (if applicable), and file with the court. In a matter of days or weeks, a filed Stipulation and Order will be returned to the parties. That written agreement is now an Order of the Court.
Modification Process in Orange County: How to Prepare a Modification Order
Unfortunately, parties often fail to agree on child custody and support modifications. The party seeking modification will need to prepare a Request for Order detailing the orders requested, what circumstances have changed, and why the Court should grant your request. The requesting party will receive a court date. The other party will have a chance to respond and the parties will proceed to hearing. At the hearing, the Court will ultimately decide to modify the orders or leave the orders as-is.
Hearings for modification requests can be daunting for unrepresented parties. One or both parties may seek to admit evidence or testimony, and the other party has the right to cross-examine the other party. Modification hearings can be time consuming and complicated. That is why it is strongly advised you seek competent legal representation to assist you in the modification process.
Modifications to California Family Court Orders
Some common reasons people going through divorce in California seek to modify their Orders include:
- The supported party has remarried;
- A change in one party’s income;
- One party experiences a permanent disability;
- One party plans to retire;
- One party has high medical costs or needs;
- The child’s needs are altered by medical needs due to illness or injury;
- The child’s educational needs have changed;
- A parent becomes responsible for supporting another child;
- There’s been a substantial change in how much time the child stays with each parent;
- A parent seeks to move away from the area and relocate the children;
- A party has been incarcerated; and
- Notable changes in any of the other factors that existed when the court order was made.
Start Your Modification Process Today by Contacting Our Family Law Attorneys
The modification process for your child custody and visitation or support order can be a complex matter. Our experienced family law attorneys have handled many modification requests and are prepared to handle yours. The attorneys at Johnson Attorney Group are here to help. We can help modify issues related to alimony, child support, custody and visitation, property division and more. We help clients all around Orange County, including Newport Beach, Yorba Linda, Laguna Niguel, San Clemente, Mission Viejo, and more.
Call (949) 942-8784 to request a private consultation with a skilled Orange County family law attorney at Johnson Attorneys Group today.