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Modifications

Modify Your Divorce Decree in San Diego

Understanding Modifications for Divorce, Support, & Custody

Our firm has a motto: "When life changes, we are here to help."

That is true in any family law case, but it is particularly true for post-judgment modifications. Sometimes the terms you set during your divorce do not match your current situation, and new terms have to be drafted. When that happens, call our attorneys to speed up and smooth out the process for you. We offer free consultations.

Key Reasons to Modify Your Divorce Decree

Divorce decrees can be modified when one or both parties experience a "substantial change in circumstances" that affects their ability to comply with a child custody, child support, or spousal support order. A "significant change in circumstances" can include heightened healthcare costs, rising costs of raising a growing child, loss of a job, etc.

Modification orders can apply to:

If your circumstances have changed, then you may need to alter your court orders (as listed above). For example, if you have lost a job or if your child's needs have changed. Altering the court orders quickly may be vital.

Until the order has been changed though the court, you must continue honoring the current order. Having a lawyer handle your modification request will aide you in obtaining your desired result. Our decades of collective experience can help eliminate the delays and uncertainty of filing a court motion.

Grounds for Modifying Custody or Support in California

Grounds for a modification encompass any change that affects your financial situation. When it comes to children, grounds for modification include anything that affects the well-being of your child.

Common Grounds for Modification Include:

  • Increase or decrease in income
  • Loss of a job for one parent
  • Increase in child care costs
  • Parent's lifestyle has become detrimental to child
  • One spouse has moved in with a significant other

How to Modify Spousal Support in California

The duration or amount of a spousal support order may be modified if there was a material change of circumstances after the court made the original order.

Adjusting the Duration of Support Payments

When determining whether a material change of circumstances justifies modification of a spousal support order, the court must reevaluate the factors of California Family Code § 4320.

In general, spousal support orders are crafted to allow a financially less resourceful spouse to achieve financial independence by providing them with financial assistance for a reasonable period. California courts typically consider half the length of the parties’ marriage to be a reasonable time for a supported spouse to become self-supporting.

In cases where the marriage lasted over ten years, California courts may decide to fashion a spousal support award for an indefinite time.

However, the duration of a spousal support obligation is modifiable if the expectations the court relied on when they issued the order failed to materialize.

For example, imagine that the court-ordered three years of spousal support, expecting the supported spouse to find gainful employment by the time the order expires. The supported spouse can modify the order to extend the obligation further if they failed to find gainful employment despite their good-faith effort to secure a job.

Similarly, a court may reduce or terminate a spousal support order if the supported spouse regained their ability to earn income or otherwise experienced a sudden increase in wealth.

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