Attorney k Counselor At Law
Fountain Plaza Office Building
23461 South Pointe Drive, Suite 350
Laguna Hills, CA 92653-1546
Telephone: (949) 206-9900
Call Toll-Free
1-877-77-DIVORCE
(1-877-773-4867)
In order for a court to modify an existing child or spousal support order, the court must find that there has been a change of circumstances since the last order was made. The most common changes of circumstances include a change in the income of either party, loss of a job or starting a new one, or a change in a party's health. Serious illness of the child may represent another example of a change of circumstance.
A change in the amount of support can only be made retroactive to the date of filing for the modification. Therefore, when a change of circumstances has occurred, which warrants a change in the amount of support, it is extremely important to file for a modification promptly.
One exception to the foregoing is the case where the parent having custody of the minor child agrees to receive an amount that is less than Minimum Child Support Guideline amount. Then, the custodial parent can later petition the court for a higher support order, even if there is no evidence of a change in the other party's income.
Similarly, to modify an existing custody or time-share order, some change of circumstances must be shown. In these cases, it also must be shown that the proposed change is in the "best interest of the child."
On the other hand, it is extremely difficult to modify those portions of a judgment that divided community property (either assets or debts) except for the case of "after discovered" property, which usually is provided for. Otherwise, the judgment must be "set aside" pursuant to provisions of the Code of Civil Procedure, usually based on fraud, mistake or neglect. Setting aside a judgment is a difficult challenge, even for experienced lawyers. "Getting it right" the first time is almost always a better alternative.
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