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Answer: Under California Law, certain orders may be modified after a final judgment has been made. Custody, child support and spousal support orders may be modified in certain instances: As a general rule only and not to be construed as specific legal advice, the court will ordinarily not modify the provisions in your judgment which set forth the division of the parties' property. In some instances, a party may bring a motion to set aside in accordance with the Code of Civil Procedure Section 473(b) or Family Code 2120 et seq. if the statutory deadlines are met. Custody and visitation orders modifiable when a party can meet certain legal standards: 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. Child support orders modifiable: Even if the parties have agreed that support may not be modified, child support may be modified at any time to comport with the mandatory California child support guidelines. Special rules apply to the modification of spousal support and family support. To learn more about whether the court ordered provisions of your judgment or stipulation and order are modifiable, please contact our office at 760-944-5529 or toll free at 866-632-6459. |
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