San Diego Post-Judgment Modifications Lawyer
When you receive a final divorce decree or other order from the family court, you are relieved the case is over. Most people never want to go back to family court. However, changes may require you to petition the court for post-judgment modifications. However, judges do not modify judgments without justifiable reasons. Therefore, you need an experienced family law attorney to present your case in court.
At San Diego Divorce Lawyers, APC, our lawyers have over three decades of experience assisting individuals and families with family law matters in California. We have a highly skilled, dedicated team of legal professionals to provide support and guidance as you traverse a challenging divorce, child custody case, or other family court case.
Contact San Diego Divorce Lawyers, APC, at (619) 866-3756 to schedule a free case evaluation with our San Diego post-judgment modifications lawyers.
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How San Diego Divorce Lawyers, APC an Help You with a Post-Judgment Modification in California
A post-judgment modification is any change to a current court order. Changes in circumstances may require changes to child custody, child support, or spousal support orders. If you find yourself in this situation, our attorneys at San Diego Divorce Lawyers, APC, can help.
When you hire our San Diego family law attorneys, you can trust we will:
- Intently listen to you as you explain your situation so we have a thorough understanding of what you need
- Analyze the circumstances and factors impacting your request for a post-judgment modification
- Explain post-judgment modification laws and how those laws impact your case
- Gather evidence proving a modification is justified
- Prepare all legal documents and file them with the court
- Use mediation and negotiation to resolve disputes through settlement agreements
- Advocate for you during all court hearings, including taking your case to trial if necessary
We understand that going back to family court can be difficult and stressful. Judges do not grant all requests for post-judgment modifications. Hiring an experienced lawyer increases your chances of modifying a family court order.
Our legal team at San Diego Divorce Lawyers, APC, has extensive experience with post-judgment modifications. We have a thorough understanding of the laws and process for changing family court orders.
Contact San Diego Divorce Lawyers, APC, to schedule a free case evaluation with an experienced San Diego post-judgment modifications lawyer. We provide support, guidance, and sound legal advice during every stage of your case.
How Do You Begin the Process of Modifying a Family Court Order?
If you want to change a court order or judgment, you must ask the court for a new order by filing a Request for Order with the family court. The form explains why you need a post-judgment modification and requests a hearing on the matter. You must give your ex-partner notice of the hearing so they have an opportunity to respond to your request for a change.
Your ex-partner can file a response with the court consenting to your request for a post-judgment modification or explaining why the court should deny your request. Both parties can present evidence and testimony in favor of their position at the hearing.
Discovery in Post-Judgment Modification Cases
The courts allow parties to participate in discovery in post-judgment modification cases. Discovery is the process of gathering additional information from the opposing party and other sources.
Methods for divorce discovery include interrogatories, requests to produce, depositions, and subpoenas. Discovery can provide additional evidence to support your request for a post-judgment modification, including the requirement to prove a significant change in circumstances.
Proving a Substantial Change in Circumstances for a Post-Judgment Modification in California
The court requires you to prove a “substantial change in circumstances” before it modifies a current court order. Without a sufficient change in circumstances, the court will likely deny your request for a post-judgment modification.
There is no standard definition of “substantial change” in the circumstances for changing a family court order. Instead, the degree of change depends on the facts and circumstances of the case. Examples of changes that the court might consider substantial include:
- Modifying a child custody arrangement because a parent is relocating to another state for a better job
- Changing child support or spousal support order because of a substantial change in income due to unemployment, promotions, etc.
- Modifying custody or support orders because of a change in health, such as a party becoming disabled because of a health condition or injury
- Changing a custody order because a parent is abusing drugs and/or alcohol
- Modifying child support or custody orders because of a change in the child’s needs
- Changing a spousal support order because a party gets remarried or retires
In child custody cases, the court considers whether modifying a current custody order is in the child’s best interests. The judge considers all relevant factors to determine if a post-judgment modification is justified. If so, the judge issues a new order with the changes. If not, the judge denies the request to modify the current order.
How Do I Prove a Post-Judgment Modification Is Justified?
If you seek a post-judgment modification, you have the burden of proving a change is justified. Therefore, you need sufficient evidence to prove the change in circumstances and that the modification is required to protect the best interests of the children and the parties.
Relevant evidence for a post-judgment modification petition may include, but is not limited to:
- Medical records proving a parent or the child has a change in health conditions that requires a change in the current order
- Financial records showing a change in income or employment
- Witness testimony from individuals with firsthand knowledge of the changes, including family members, friends, medical professionals, etc.
- Expert witness testimony and opinions verifying the changes requested would benefit the child and the petitioning party
- Visitation documentation to help prove that a change in custody terms is in a child’s best interest
- Evidence proving an ex-spouse is cohabitating with a new partner to support a termination of spousal support
The evidence depends on the factors in the case. An experienced family law attorney understands the evidence required to prove your case and how to gather evidence.
Can I Modify an Order for Property Division in a San Diego Divorce Case?
Final property division orders are not subject to post-judgment modifications. The terms of property division are final unless the court finds evidence the order should be rescinded. California law allows the court to rescind orders if actions were taken inadvertently or by mistake, surprise, or neglect.
A court may also rescind a property division judgment if you discover hidden assets or your spouse concealed information during the divorce case. Fraud and coercion are other reasons the court might rescind an order. If you are unsure whether a property division order can be modified or set aside, contact an attorney to discuss the specific factors in your situation.
Post-Judgment Proceedings to Enforce a Family Court Order
In addition to post-judgment modifications, you may need to file a post-judgment petition to enforce a current court order. Motions to enforce a judgment may occur in many situations, including but not limited to:
- A party refuses to surrender personal property or other assets as ordered by the court
- A parent does not comply with child custody and visitation arraignments
- A party falls behind on child support or alimony payments
- A party refuses to pay a debt they were ordered to pay, such as a loan or credit card debt
- A parent refuses to allow the other parent to see the children
- A party refuses to sign the documents to sell an asset ordered to be sold by the court
A post-judgment enforcement case begins the same way as a post-judgment modification. You file a Request for Order with the family court explaining why you need the court to issue an order enforcing its existing order. The Request for Order should include a supporting declaration and documentation.
The court schedules a hearing date for the request. You must serve the Request for Order, hearing notice, and all supporting documentation attached to the Request for Order on your ex-partner. Both parties can present evidence and testimony supporting their position at the hearing. The judge hears the evidence and issues an order resolving the matter.
Some actions do not require a court hearing. For example, the court has several tools for collecting past-due child support, including wage withholding, seizing tax refunds, and suspending the parent’s driver’s license.
Contact Our San Diego Post-Judgment Modifications Attorneys for Help
Modifying a current court order in California can be challenging. You must convince a judge the modification is justified. Our legal team at San Diego Divorce Lawyers, APC, can help. Call us today to schedule a complimentary case evaluation with a San Diego post-judgment modifications lawyer.
