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Pursuing Bay Area Post-Judgement Family Court Custody And Support Order Modifications

Last updated on June 17, 2024

Existing court orders may become impossible to follow when life changes after divorce. Job opportunities, housing, finances and a wealth of situations may arise in the years after divorce that make an existing child custody or support order plainly unworkable. Your life is bound to change following a court order for child support, a parenting plan and custody, as well as alimony.

Family law judges understand this. In these situations, you petition for a modification to your existing court order. We can discuss with you whether pursuing an order that better suits your current life’s circumstances make sense. Our experienced legal team guides clients through the post-divorce family court modifications process to obtain the best possible results.

When your life has changed, we can help you secure the post-judgment family court modifications that you need. We are Law Offices of John A. Guthrie, a full-service law firm serving families in Alameda County, Contra Costa County and throughout the Bay Area since 1990. No matter what your life is like or your relationship with your former partner, we can work with you to develop the practical solutions you need.

Which Court Orders Can I Modify?

Property division orders from a divorce typically will not be granted a modification. However, you may be able to have your alimony order modified whether you paying or receiving spousal maintenance. Orders for child custody, parenting schedules and child support frequently receive modifications. Note that simply disliking the terms of a parenting plan or other order is generally not a basis for a modification. However, many changes arise after divorce that justify a new court order.

Will I Qualify For A Family Court Order Modification In California? What Reasons May Justify A Change In The Order?

The family law court will not grant a post-decree modification for just anyone. You or the other parent must agree on the terms of the order, or, if not, you must demonstrate that you have gone through a significant life change that your existing order no longer accommodates. Some examples include:

  • Change in work schedule
  • Loss of a job
  • Significant increase or decrease in income
  • Relocation
  • Change in child’s medical needs
  • Change in health insurance coverage
  • Presence of substance abuse, domestic violence or mental illness

It is important to present your case persuasively for the court to grant you a modification. We can help you tell your story so the judge understands your needs.

Can A Child Refuse To See A Parent In California?

Minor children generally cannot decide that they no longer want a relationship or parenting time with a parent. The law favors that children have access and a relationship with both parents. How the parenting plan works, and issues surrounding legal and physical custody are often hotly contested. However, without an emancipation proceeding, courts are unlikely to eliminate parents from the parent-child relationship in a general custody dispute, or modification to a parenting plan. Note, however, that individual circumstances are relevant into how a custody agreement, or court order may ultimately work.

Ask How To Get A Post-Judgment Family Court Order Modification

Reach out to us at our offices in Danville or Pleasanton for a free consultation to discuss post-decree modifications. Our experienced lawyers can determine whether you are a good candidate. Then, we will help you with every step of the process. To get in touch, call 925-271-4342 or send us an email. We serve clients in Alameda County, Contra Costa County and throughout the Bay Area.