According to the U.S. Census Bureau, in 2017, about 7 in 10 custodial parents who were supposed to receive child support received either full or partial support payments. In California, a post-judgment motion may be filed when a divorced or separated couple is asking the court to change an original family law order. If you are seeking modification of an existing spousal support order, child custody, or child support arrangement, consulting with a knowledgeable California family law attorney is crucial for proper guidance.
Attorney Karen S. Brown is dedicated to offering comprehensive guidance in post-judgment modification matters. As your legal counsel, she will review the situation surrounding your unique circumstances and help you understand your available legal options. Whether you are trying to modify an existing spousal support arrangement, child custody, support, or visitation order, she can offer you the experienced legal counsel, advocacy, and support you need to navigate every step of the post-judgment litigation process.
The Law Office of Karen S. Brown proudly serves clients across Los Angeles County, Orange County, Ventura County, Encino, Beverly Hills, and Long Beach, California.
A post-judgment modification is a motion for change filed in court by either party, after a divorce or legal separation, for an existing family law order to be changed. Modification orders usually include alimony, child custody, or child support. Either of the spouses may file a post-judgment motion to show a substantial change in circumstances or a breach of contract by the other spouse.
The most common post-decree modifications in California include:
Child Custody/Support: Disagreements regarding child-related matters, including support, custody, visitation, and health care, can result in a post-judgment litigation.
Spousal Support: If there is a change in circumstance, either party may file a motion for the California court to modify the amount or duration of spousal support payments.
Contempt: A contempt action can be described as a motion filed by an aggrieved spouse seeking that the court enforces an original family law decree and punish the delinquent ex-spouse.
Others: Other types of court orders, including tax exemptions, children’s health benefits, and scheduled visitation periods, may also be modified.
Under California law, the parent requesting the modification of child custody, support, or visitation order must show that:
There has been a substantial change of circumstances since the original decree was made.
The change in child custody or support payments is in the best interest of the child.
The resulting benefits from the modification exceed any harm to the child.
In California, either spouse can file a motion to modify the spousal support order if there has been a significant change in circumstances to justify the change. A motion to modify or terminate spousal support can be filed based on the following reasons:
An involuntary loss of employment
An increase in the cost of living
Cohabitation of the supported spouse
Remarriage of the supported spouse
Retirement with a significant decrease in income and resources
Reduced need for support
The post-judgment modification process in California involves the following steps:
Fill out the necessary court documentation
Have an attorney review the documentation
File the forms with the court clerk
Receive a court date for the post-judgment modification hearing
Serve the papers to the opposing party
File a proof of service
Attend the court hearing
At the hearing, the judge will hear your motion, review the case, and issue and sign a court order. An experienced family law attorney can help present your case diligently and increase your chances of a favorable outcome in your post-judgment litigation.
A post-judgment modification, including alimony agreement, child custody, or support change, can have a substantial effect on your family, children, and future. If you’re trying to file a post-decree motion or if you believe that circumstances have changed since the original family law order was made and you’re seeking a modification, it is crucial that you speak with a knowledgeable California family law attorney to protect your rights and receive detailed guidance.
Attorney Karen S. Brown has devoted her career to offering outstanding legal services and handling complicated family law and divorce matters related to post-judgment modifications. As your legal counsel, she will guide you through your modification process and continue to fight for your rights and your family’s best interests. She will work diligently with both parties to negotiate a fair settlement agreement, resolve differences productively, and assist you in a way that works best for you.
If you need to modify an existing family law order and need court intervention, call the Law Office of Karen S. Brown today to schedule a free one-on-one case assessment. Attorney Karen S. Brown will offer you the comprehensive legal counsel and advocacy you need in your post-judgment litigation. She is proud to serve clients throughout Los Angeles County, Orange County, Ventura County, Encino, Beverly Hills, and Long Beach, California.