Pre- and Post-Judgment Modification

Practice Areas

PRE- AND POST-JUDGMENT MODIFICATION Attorney Orange County

A “final” judgment in a family law action does not necessarily mark the end of litigation between parties. In fact, many orders are modified, at the court's discretion, long after a final judgment is made, including orders of child support.

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 may order a modification. The party seeking a modification 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 based on assets in lieu of the parent's income, so long as doing so serves the best interests of the child.

Spousal support awards and agreements, temporary as well as permanent, are modifiable throughout the support period. If a spousal support order or agreement is based on misrepresentations of a party, an experienced attorney can bring 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. If you are looking for a trustworthy attorney who will be on your side, please contact us. We will be happy to help.

PRE- AND POST-JUDGMENT MODIFICATION Attorney Orange County

Frequently Asked Questions

You may amend your pre- or post-judgment order in Orange County, but there are conditions. The initial pre-judgment order must be modified due to a significant change in circumstances. Changes in income, housing situations, or kid requirements are possible.

You must show a substantial change in circumstances to amend a post-judgment order like child custody or maintenance. Changes in job, relocation, or the child's best interests are examples. Gathering information & presenting a compelling argument to the court increases your chances of a modification.

To modify in Orange County, submit a Request for Order form to the court. This form describes the changes you want & offers proof. It's crucial to follow the court's filing instructions, including costs & paperwork. The court will analyze the materials & schedule a hearing after you submit the request. Attending the hearing & arguing well is crucial.

Orange County courts examine several considerations while modifying. These include the child's best interests, the family's stability & wellbeing, each parent's capacity to meet the child's requirements, & any substantial changes in circumstances.

The courts will also consider the child's age, health, education, & domestic violence or abuse. Your argument for modification must be supported by strong evidence that the suggested modifications are in the child's best interests.

You may seek interim changes in Orange County. If a parent's job loss or a child's safety issues need rapid adjustment, temporary amendments may be allowed.

An emergency Ex Parte application is needed to obtain a temporary change. This application should justify the interim adjustment & offer proof.

Orange County needs a court request to modify a pre-judgment order. Your update request must be supported by new information or a change in circumstances. Consult with an expert family law attorney to assist you through the procedure & make a compelling modification case.

Orange County Family Law cases may amend post-judgment orders. You must submit a motion to the court & present evidence to amend a pre-judgment order. Changes in circumstances or new facts might justify post-judgment order modifications.

Get In Touch

Our attorneys are here to help you during every stage of your case. Schedule a confidential consultation and know your options with the seasoned counsel of top family law attorneys.

Contact Information

Please call, email, or contact our office online to arrange an appointment for your case today.

1918 W Chapman Ave Suite 200, Orange, CA 92868

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Sonia Fernández

Jos exhibits exceptional compassion and understanding, promptly addressing all inquiries to facilitate clarity and calm throughout the process with comprehensive and sincere explanations. He offers potential solutions to minimize unnecessary court costs. His team operates efficiently and effectively to complete the task. I highly recommend this law firm as it operates with integrity.

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Carlos Serrano

Thank you very much to Mr. Jos and to all his group of professionals who helped me get out of my child support case with a very good result. Each case is different and my case was very complicated. I live in the state of Virginia and the child support office of the state of California was starting a case against me, the amount they wanted me to pay was ridiculously high I didn't know what to do because I don't live in California and I had never met the child either. I searched online for a lawyer in California and thank God I found Mr. Jos's law office. I don't know them personally but I put my trust in them and they didn't disappoint me. We had very good communication despite the distance and they were always available to talk to me and clarify my doubts. Mr. James was the one who took my case to the end and after a long and very difficult process everything went very well in my favor much more than expected. I am very grateful to God for putting the entire team of professionals from Mr. Jos' office on my way. Words are not enough for me to describe everything they did for me and how grateful I am. I definitely recommend Mr. Jos's law firm. Thank you Mr. James for not giving up in my case and having achieved a magnificent result in my favor.

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Alexandra Duvall

Jos Family Law has been absolutely fantastic in helping me through my child custody case. Mr Jos communicated with me throughout the entire process. He was very empathetic and understanding with my case and my concerns. The team was always supportive and never once did I feel like they didn’t take my case seriously. I’m so grateful I chose this law firm to represent me and I would 100% recommend this team to anyone seeking assistance. In the end I received the outcome I was looking for which was Sole Physical Custody. Thank you so much Jos Family for representing me.

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Marco Galatro

This was the second attorney that represented me for my divorce. Binoye is a very knowledgeable, fair and professional attorney. They are reliable and this made my experience way less painful. They are definitely not greedy for money, they are not one of the many attorneys out there that overbill for their services. I truly recommend them.

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Roya

Mr. Jos is by far the best attorney l've ever had to work with. He is diligent, extremely prepared and informed and patient with his clients and goes above and beyond the call of duty to make sure you get the results you are hoping for. I recommend him to anyone who needs a Family attorney.

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Ricardo Lajaruna

My most sincere gratitude to the attorney Mr. James Sowers, who is very knowledgeable about the law, works with and for his clients. He is very transparent, honest and I am very grateful for his great support. His legal representation is highly recommended!!!

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Nader Zayid

JOS family Law took on my case which entailed custody and move away components and I honestly could not say enough great things about JOS Family Law! Mr. Jos is not only extremely knowledgeable and professional, but it is also extremely obvious how much he cares for his clients on a personal level as well. There is an expression that two heads are better than one, however, Mr. Jos' philosophy takes it further as eight heads are better than two. It was so impressive and reassuring how collaborative everyone at the office works together to meet on regular cadences and discuss their client's cases to brainstorm strategies in order to seek the best possible outcome for their clients. Mr. Jos has an amazing team of extremely talented and knowledgeable attorneys that have worked together on my case. James was the lead attorney on my case and also represented me in my hearing. James was able to get us everything we were asking for as he successfully proved that full custody remaining with me is in the best interest of the children and that the move away is in the best interest of the children as well. We were able to come up with a plan to ensure that the children's mother can visit regularly and still maintain a healthy relationship. James is a rock star attorney! I would without hesitation refer anyone seeking help in a family law matter to call Jos Family Law!

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(714) 733-7066