Post-Judgment Modifications: Changing Custody, Support, and Alimony Orders

What Are Post-Judgment Modifications?

Is any divorce judgment truly final? After the family law judge renders their decision, must all court orders remain unchanged forever? In many family law cases, divorce judgments can be modified under certain circumstances. There may be certain legal situations where assets were mistakenly (or intentionally) left out of a final judgment, and in other cases, there may be cause to alter the existing judgment orders because of changes in circumstances.

In instances where certain assets were left out of the initial judgment or where changes must occur, it may be possible to seek a post-judgment modification. Such modifications are common in California, especially concerning alimony payments and child custody arrangements. 

A post-judgment modification is a legal alteration to your divorce judgment. While the conditions of a finalized divorce settlement are meant to be legally binding, and orders for child support or custody cannot be easily altered, a family law court could step in and approve these changes with a post-judgment modification. 

Either party involved in the family law case can request a post-judgment modification to their divorce agreement in California. These modifications allow Californians to adapt to life-altering circumstances and unexpected developments. A court must sign off on the modifications for them to legally replace an existing judgment, either temporarily or permanently.

What Are Different Types of Post-Judgment Modifications?

Several different types of post-judgment modifications could be sought in California. Most of these modifications are related to financial support or a child custody arrangement.

Examples of post-judgment modifications include the following:

• Alimony, also known as spousal support or spousal maintenance, can be modified similarly to child support modifications. Many people request a post-judgment modification to adjust how much they pay or receive in alimony obligations
• Changes to child support orders, such as the recipient parents requesting more financial assistance or the paying parent needing to provide less monthly, can be requested in an official post-judgment modification
• Child custody and visitation agreements must be followed according to the language of the official documents. However, it may be possible to modify a custody or visitation order for various reasons, including relocation, changes in employment, and allegations of abuse or neglect
• Other potential post-judgment modifications may include changes to health insurance, modifications for control of property, restraining orders, and more

It is highly recommended that you seek the professional representation of experienced attorneys to change any divorce judgment orders. Our Campbell-based law office has extensive experience representing clients in complicated family law cases, including those seeking modifications to existing orders. To learn more about our legal services, please contact us today. 

When Can a Child Custody Order Be Modified in California?

Among the most common types of post-judgment modifications are visitation rights and child custody orders. Modifications for child custody and visitation could be sought when significant changes occur in the lives of either the parents or the children that necessitate a new review of the existing arrangements. 

Parents may wish to modify existing custody or visitation orders for some of the following reasons:

• A parent changes their shifts at work, and this impacts their ability to spend time with the child on the existing arrangement
• If there were allegations of child abuse, neglect, or other forms of domestic violence, it is possible to get an emergency order from the courts temporarily stopping custody or visitation arrangements until further evidence is acquired
• In some cases, a parent might not have been able to achieve shared or joint custody, but now they can, and that may give them a reason to request a modification
• One of the parents is moving out of state or far away, and this impacts the agreed-upon parenting plan for the other parent
• The courts will always act in the best interests of the children. If a child is struggling with the existing arrangement, it may be time to reassess matters
• Other reasons may include changes to the child’s medical needs, changes in health insurance coverage, significant increases or decreases in income, job loss, and a new debilitating physical or mental illness

Suppose a parent does not wish to change the custody arrangement but merely hopes to modify the visitation schedule. In that case, showing a significant change or presenting other grounds for modifications is usually unnecessary. In such cases, simply demonstrating to a family law court that the existing visitation schedule should change, as it would be in the child’s best interest, should be sufficient. 

What Significant Changes in Circumstances Could Allow for Child Support Modification?

For the courts to consider a post-judgment modification to child support obligations, you must be able to provide enough evidence that illustrates you need the existing orders to be changed. Additionally, a family law judge will consider evidence suggesting any change could benefit the children. In some cases, it may be necessary to conduct a thorough investigation to show sufficient cause. 

If you receive child support payments and believe you should get more money than you currently do, you can petition for a modification to the child support judgment. If you are the parent paying child support, you also have the right to request a change. 

Substantial life changes that may be considered grounds for child support modifications include the following:

•         A dramatic change in monetary needs for housing, education, and health care of the child
•         Changes to child custody or visitation rights
•         Incarceration of one or both parents
•         Loss of employment
•         Major changes to the child’s life, either due to getting older or new special needs, that could require additional assistance
•         Military deployment
•         New changes in the factors that were originally used to calculate child support
•         One of the parents became disabled
•         Permanent decrease in pay or monthly income
•         Significant changes in healthcare benefits
•         The arrival of more children in the family unit
•         The other parent’s income dramatically increases

Anytime a parent’s income changes for better or worse, either parent has the right to seek child support modifications. However, that does not necessarily mean that the parents should immediately run to family law court when a change occurs. Whether the courts will approve a modification largely depends on whether the changes in income are temporary or permanent. Also, a minor increase or decrease in income does not necessarily justify a post-judgment modification petition. Most judges frown upon child support modification requests that provide evidence they consider insignificant. 

Can Alimony or Spousal Support Be Modified in CA?

Some divorce settlements render alimony unmodifiable. However, many alimony agreements can be modified in California.

Alimony calculations are based on several unique factors in California. Any request to change the existing spousal support order must consider these established factors. Some of the factors include the financial needs of both partners, the financial ability of the paying partner to provide alimony payments, the duration of the marriage, and the health and well-being of either individual. 

There may be several reasons to consider a post-judgment modification to alimony or spousal support. One such reason may be the retirement of the paying ex-spouse. Other reasons could include substantial increases or decreases in either party’s income, changes in the recipient spouse’s needs, or new cohabitation with a non-marital partner. 

Contact Our California Law Firm to Schedule a Case Review with Our Family Law Attorneys

Our legal team has years of experience representing clients in family law matters. We would be proud to represent your legal rights as you request that the courts modify a divorce judgment. As your lawyers, we will help you through the entire legal process from beginning to end in pursuit of the most satisfactory outcome for your family law case.

To learn more about the benefits of professional legal representation, please get in touch with our California law office to discuss your case in your initial consultation with our attorneys.

To set up a case evaluation, please call us at 408-688-9153.