Pre- and Post-Judgment Modification

Pre- and Post-Judgment Modifications

A “final” judgment in a family law action does not necessarily mark the end of litigation between the parties. A good many orders can be modified, and quite often they are modified long after a final judgment in a family law matter. Child support orders can be modified at the discretion of the court at any time,

In California, each county’s local child support agency is required to enforce child support obligations for any child receiving public assistance. Upon request, they are also obligated to take the same action on behalf of a child not receiving public assistance. Any time there is evidence that supports a material change in circumstances, the court can order a modification. The party seeking a modification of bears the burden of showing a change of circumstances warranting such modification. Instead of actual earnings, the court may, in its discretion, consider the earning capacity of a parent, or may calculate a parent's earning capacity on assets in lieu of the parent's income, so long as doing so serves the best interests of the children..

Spousal support awards and agreements, temporary as well as permanent, are modifiable throughout the support period except as to amounts accrued prior to the filing of an application for modification and except as otherwise provided by agreement of the parties. If the spousal support order or agreement is based on misrepresentations of a party, an experienced attorney can bring in a set-aside motion on the basis of fraud or perjury.

Child custody and visitation orders are also generally modifiable throughout the child’s minority whenever the court finds a modification is necessary and proper in order to serve the best interests of the child. Child custody and spousal support litigation can last a long time. If you are looking for a trustworthy attorney who will be on your side, please contact us. We will be happy to help.3

Get your free consultation today