Court Order Modifications
Cutter & Lax, Attorneys at Law has more than 30 years of experience and is practiced in all areas of family law. When a family law judge issues a court order, there is no way of telling whether or not the individual's circumstances will change. Our firm handles numerous cases where an individual needs a child support, child custody, alimony, or visitation order modified due to a change in circumstance. The key to obtaining such a modification is to prove that your circumstances have changed in a manner that directly affects your ability to comply with your court order.
Types of Modifications
Job loss and reduced income is a common cause for court order modifications. When a supporting spouse or parent loses their job, is demoted, or acquires a new job or position with lower pay, they may be unable to afford the monthly payments required by their original support order. By proving that they are facing financial hardship, the individual may be able to have the order modified. Other financial situations can also be cause for a modification, such as a serious illness or injury that leaves the supporting parent incapable of complying.
How to Request a Modification in California
California has strict regulations regarding when and how you can request a court order modification. The overarching requirement is to prove that there has been a change in circumstance that affects your ability to comply with the court order. For custody and visitation orders, you must also file a Form FL-300, Request for Order. As for support, both parents can modify their own child support agreement and submit it to a judge to be entered, but a contested case must be taken to court. To do so, you must fill out Form FL-300, Request for Order and Form FL-150, Income and Expense Declaration.
Once you've completed the necessary forms, you must make a copy and take all of the originals and copies to the court clerk. He or she will file the originals and return your copies stamped "filed." You will then receive a court date, which will be written on your FL-300. At this time, you must serve the other party their notice of said court order and file a Form FL-335, Proof of Service by Mail, or a Form FL-330, Proof of Personal Service. You will then attend your scheduled court date to litigate for a modification of your custody or support order.
Hire a Burbank Family Lawyer Today
Do not hesitate to speak with a Burbank family law attorney from Cutter & Lax if you need to modify a court order. We understand each step of the complex process and can guide you through it as quickly as possible. Your best interests are our main concern, so take action today! Contact us to consult with a lawyer directly.