What You Need to Know About the Modification of California Divorce Judgments
Circumstances may change after a divorce judgment is finalized. Here’s everything you need to know about the modification of California divorce judgments.
Whether it be for spousal support, child support, or custody and visitation, situations may arise where changes to divorce judgments are necessary. California law allows for this and outlines the process to do so.
How to Change a Spousal Support Order
After a judge makes a spousal support order after a divorce, one or both spouses may need to change the order. In order to do so, one must show there has been a “change in circumstances” since the original order was made. A change in circumstances could mean the spouse receiving the support no longer needs it, or the spouse paying the support can no longer afford the set amount of alimony. Perhaps the receiving spouse gets remarried and no longer requires support. All these circumstances, and others, can give way to modification of spousal support. These changes can be made either between the spouses themselves or through the courts.
If the spouses can come to an agreement on a new amount of spousal support, they may write it up as an agreement/stipulation and send it to the judge to sign it and make it a new court order. If an agreement between the spouses is not possible, then the spouse initiating the change must file a motion with the court, asking for a modification of the spousal support.
Steps to Change a Spousal Support in Court
1. Fill out the proper court forms.
- Request for Order Form [FL-300], which asks the court to make orders about specific issues in the case; and
- Income and Expense Declaration Form [FL-150], which gives the spouse’s financial information to the court and to the other spouse.
2. Copy and file the forms.
Make two copies of the forms, one is for the petitioner, and the other is for the other spouse (respondent). The original is to be filed with the court. After the petitioning spouse files them with the court, they will be returned, stamped “filed”.
3. Serve the papers to the former spouse.
Serve the former spouse with a copy of the papers and a blank Responsive Declaration to Request for Order form [FL-320], which informs the court and the petitioner if the respondent agrees or disagrees with the orders the petitioner asked for in FL-300. It also describes the orders the respondent wants the court to make instead of those that the petitioner asked for. A blank Income and Expense Declaration Form [FL-150] must also be served.
Both must be served before the court date. The serving of documents must be done by someone other than the petitioner who is over the age of 18 years old.
4. File the proof of service.
The one who serves the documents must fill out a Proof of Service by Mail [FL-335].
How to Change a Child Support Order
After a judge makes a child support order, parental circumstances may change. In this case, a parent might want to revise a child support order. Typically, one has to show how there has been a change in circumstances in order to receive an order change. However, if the parents signed a written agreement regarding child support that was approved and signed by a judge, the parent does not need to show a change in circumstances.
A parent, or both parents, might want a change in their child support order for the following reasons:
- Income loss
- Unemployment
- Incarceration
- One parent had another child from another relationship
- Change in the amount of time a child spends with one parent
- Child’s needs have changed since the original child support order determination
If no agreement can be made, follow these steps to ask for a court hearing to change an existing custody and visitation order:
1. Fill out a Request for Order form [FL-300].
2. Make two copies of the forms, one is for the petitioner, and the other is for the respondent (the other spouse). The original is to be filed with the court. After the petitioning spouse files them with the court, they will be returned and stamped as “filed”.
3. Serve the former spouse with a copy of the papers and a blank Responsive Declaration to Request for Order form [FL-320]. Served documents must be done by someone other than the petitioner who is over the age of 18 years old.
4. The individual serving the documents must fill out a Proof of Service form [FL-330].
Steps to Change Child Support Order
1. Fill out the proper court forms.
- Request for Order form [FL-300]
- Income and Expense Declaration form [FL-150] OR a Financial Statement (Simplified) form [FL-155]
2. Copy and file the forms.
Make two copies of the forms, one is for the petitioner, and the other is for the respondent (the other spouse). The original is to be filed with the court. After the petitioning spouse files them with the court, they will be returned, stamped “filed.”
3. Serve the papers to the former spouse.
Serve the former spouse with a copy of the papers and a blank Responsive Declaration to Request for Order form [FL-320] and a blank Income and Expense Declaration form [FL-150].
Both must be served before the court date. When serving documents, it must be done by someone other than the petitioner who is over the age of 18 years old.
4. File the proof of service.
The individual serving the documents must fill out a Proof of Service form [FL-330].
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