Life Changes May Warrant Changes To Existing Family Law Orders
During the years following a divorce, your life and circumstances may change. In some cases, changes related to your residential location, health and income may interfere with your ability to abide by the terms of an existing child custody or child or spousal support order.
If you or an ex have decided to relocate for work or other reasons or suffered a loss of income, these types of circumstances may allow for modifications of spousal support, child support and/or child custody and visitation agreements. At the Law Offices of Susan H. Witting, I assist individuals throughout California with family law modification issues. Whatever concern you have, we will work with you to resolve it.
Modifying Family Law Orders In California
Whether your circumstances have changed and you wish to modify an existing support or custody order or you need assistance enforcing an existing order, I will sit down with you to review your situation and discuss your options.
Even in cases where you and your ex-spouse are able to come to an agreement about modification, to protect your interests and those of your children, any changes to an existing order should be reduced to writing and made an order of the court.
Frequently Asked Questions About Family Law Modifications
When life changes, your family law court orders may no longer meet your needs. The questions and answers below offer guidance for those wishing to modify court orders in California.
What qualifies as a valid reason to modify a family law order in California?
California courts generally require proof of a significant change in circumstances before altering an existing custody, support or spousal support order. This standard helps ensure that modifications are based on meaningful shifts rather than routine life fluctuations. Qualifying changes often include:
- An unexpected loss of employment
- A substantial reduction in earnings
- A notable increase in income
- A serious medical condition affecting the ability to work or care for a child
- A relocation that materially impacts parenting schedules
The court will closely evaluate whether the change is substantial, ongoing and directly relevant to the existing order.
Can I ask the court to make my ex-spouse pay my attorney fees for a family law modification?
Yes. California family courts have statutory authority to order one party to contribute to the other’s attorney fees. This promotes fairness and helps ensure both sides have access to legal representation. If there is a meaningful difference in your financial resources, you may ask the court to require your ex-spouse to pay some or all legal fees associated with the modification.
The judge will review each party’s income, assets, financial obligations and overall ability to pay before deciding whether a fee award is justified. The court’s goal is to prevent one party from being disadvantaged due to limited financial means.
How long does the family law modification process typically take in California?
The duration of a modification case varies widely and depends on the court’s schedule and the level of disagreement between the parties. After filing a Request for Order, the court will assign a hearing date, which is often several weeks away due to Ventura County’s current caseload.
If both parties reach an agreement before the hearing, the process can move more quickly by submitting a stipulated modification for judicial approval. Contested matters generally take longer, particularly when they require formal discovery, additional filings or multiple court appearances to resolve disputed issues.
An Experienced Family Law Attorney Who Cares
I, Susan H. Witting, have more than 42 years of experience helping individuals and families successfully navigate California’s family law courts. Call our Thousand Oaks office at 805-409-4138 to learn more about how I can help you, or contact me online to schedule an initial consultation.