After a grueling child custody or divorce process, the last thing you want to do is go to the family courts again. But when life throws another curveball and your custody arrangement, child support order, or alimony agreement no longer fits your family's reality, a post-judgment modification may be necessary to protect your rights and your children's well-being.
Ms. Barsamyan is uniquely qualified with the expertise it takes to protect your rights and fully promote your best interests, as she is a Certified Family Law Specialist certified by the California State Bar Board of Legal Specialization — a distinction held by fewer than 1% of California attorneys.
Reasons to Modify Your Child Custody & Visitation Arrangement
With child custody and visitation, the goal is always supposed to be securing the child's best interests. While your current custody plan may have worked when you first created it, circumstances change — and when they do, the custody arrangement should evolve to continue serving your child's needs.
Some reasons a family court may grant a child custody modification include:
There has been a significant change in the child's health or other care needs. A child who develops special needs, a chronic illness, or behavioral issues may require a different custody arrangement to ensure they receive proper care.
A parent needs to relocate, such as for a job. Move-away cases are among the most contested in family law. The relocating parent must demonstrate that the move serves the child's best interests, and the court must balance the child's need for stability against the benefits of the move.
One parent is trying to alienate the child from the other parent. Parental alienation — where one parent systematically undermines the child's relationship with the other — is taken seriously by California courts and can result in a change of custody.
A parent is seriously ill and unable to care for the child to the same extent as before. When a parent's health deteriorates to the point where it affects their ability to provide adequate care, modification may be necessary.
A parent has started abusing drugs or alcohol. Substance abuse creates safety concerns that courts must address, potentially through supervised visitation, drug testing requirements, or changes to custody.
A parent has committed domestic violence. Under California Family Code Section 3044, there is a rebuttable presumption against awarding custody to a parent who has perpetrated domestic violence within the past five years.
Important: Do not take it upon yourself to implement custody changes on your own before a new court order is in place. You could be rightly charged with contempt by violating a current court order. Always seek legal counsel and obtain a modified order before changing the existing arrangement.
Changing Child Support Court Orders
One of the most clear-cut reasons for pursuing child support modification is a significant change in a parent's income. This is true whether there was a significant drop or increase in income. California's guideline formula is based on current income, so when income changes substantially, the support amount should be recalculated.
These and related reasons could also justify getting a court to sign off on a new child support order:
An increase or decrease in the needs of the child. As children grow, their needs change — educational expenses, medical needs, extracurricular activities, and other costs may increase or decrease over time.
A parent is incarcerated. While incarceration alone does not automatically modify support, it may constitute a change in circumstances that warrants court review.
A parent becomes seriously ill, incurring steep medical costs and/or impairing their ability to work.
A parent gains financial responsibility for another child, which may affect the guideline calculation.
The terms of child custody and visitation were modified, resulting in a different timeshare percentage that changes the support calculation.
Modifying Spousal Support Court Orders
If there is a change in any of the factors that affected the terms initially set for spousal support, then this could be sufficient grounds for pursuing a modification. For instance, if the supported spouse has not made reasonable efforts to become self-supporting — as required by California Family Code Section 4320(l) — the paying spouse may seek a reduction or termination.
Other reasons a court may approve a spousal support modification include:
Remarriage of the supported spouse, which automatically terminates support under California law unless the parties agreed otherwise.
Cohabitation with a new partner, which creates a rebuttable presumption of decreased need for support.
The age and health of both parties may change over time, affecting both the need for and ability to pay support.
Retirement of the paying spouse, particularly when the retirement is reasonable given age and circumstances.
Significant changes in either party's income or assets since the original order was made.
The Modification Process
To modify an existing court order, you must file a Request for Order (RFO) with the family court that issued the original order. The filing must include a declaration explaining the changed circumstances and supporting documentation. The other party will have an opportunity to respond, and the court will hold a hearing to determine whether modification is warranted.
Key considerations in the modification process:
Timing matters. Modifications are generally effective from the date the RFO is filed, not from when circumstances changed. This means delays in filing can cost you money — either in overpayments or underpayments that cannot be recovered retroactively.
Documentation is essential. The more evidence you can provide of changed circumstances, the stronger your case. This includes pay stubs, tax returns, medical records, employment records, and any other relevant documentation.
Stipulated modifications are possible when both parties agree to the change. These are faster, less expensive, and less adversarial than contested modifications, but still require court approval to become enforceable.
We Advocate for Our Clients
In any family law dispute, the way to resolution is often paved with compromises, and it's not unusual for at least one party to be upset about the terms of a court order. When the terms of an order no longer reflect reality, you have the right to seek modification — and you deserve experienced counsel to guide you through the process.
Barsamyan Family Law APC can provide the legal support you need to successfully navigate the complex post-judgment modification process. Get a Certified Family Law Specialist on your side who understands the nuances of modification law and can advocate effectively for the outcome your family needs.
Contact Barsamyan Family Law APC today to schedule a complimentary 15-minute phone consultation and learn how we can help you navigate the post-judgment modification process.