Your life is constantly changing. However, court orders that were finalized years prior to your current situation don’t often reflect the changes that you’ve had to endure. Luckily for residents of California, the state offers you the opportunity to modify certain court orders when significant events in your life have occurred. Requesting a post-judgment modification can help make meeting the terms of your court order easier. To see if you may be eligible for an order modification in Napa, California, discuss your situation with a seasoned attorney.
Any issue involving family law in California should be worked through with the guidance of an accomplished family attorney. At Hayes Family Law, our firm prioritizes empathetic, comprehensive legal support. We offer residents of Napa County legal assistance that puts their family law needs above all else. With the assistance of our certified family law attorney, we can provide you with the aid that you need to request changes to your court orders.
The term “post-judgment modification” is used to describe a situation where an individual requests changes to a court order that has already been finalized. Because court orders are legally binding and often cannot be altered, any request for any sort of modification must go through an intricate legal process. Not all orders can be modified, even if there have been extensive changes in your life. Court orders that you may be able to request modifications on include:
Family court does not allow you to request modifications to a court order simply because you want them. To be eligible for an order modification, you must be able to prove that there has been immense change in your life since the order was finalized. If the court order involves your children, you must also demonstrate that the order modification would be in their interests. Common changes in a family’s life that can warrant the need for an order to be modified include:
- One spouse lost their job.
- One spouse was demoted or took on a lower-paying position.
- One spouse was diagnosed with a serious health condition or became disabled.
- The needs of one or more children have changed.
- One or both parents changed their living situations.
- The immediate safety of a child is in question.
- Abuse or neglect is suspected.
- A parent is suspected of having a substance problem.
- One or both parents had schedule changes that affected their current custody agreement.
- One spouse gets a higher-paying job and begins to receive drastically more income.
When dealing with the complex legal proceedings of family court, having an accomplished attorney on your side can help ease the stress that your case is causing. For modification requests, it’s especially crucial to have someone on your side who knows what legal steps you need to take. A certified family law attorney has the insight needed to help Napa residents build a case that demonstrates why they need a change. While requesting a modification to a finalized court order can be challenging, that doesn’t mean it’s impossible. The aid of an experienced modification lawyer can help you exceptionally well during the petition filing process as well as when it’s time to negotiate new terms for your court order.
How Do You Request to Modify a Court Order in California?
To attempt to change a finalized court order, you should first seek a skilled modification lawyer who can offer you guidance. From there, you can work together to locate the proper forms, collect evidence to back up your claims, and file the forms in the right place. If your petition is accepted by the local court, you will then have to serve the other spouse or party involved with notification of your potential modification. You’ll then have to attend a court hearing to discuss the terms of your post-judgment modification.
What Orders Are Not Eligible for Modification in California?
While California does present residents with the opportunity to adjust certain court orders, this is not allowed for every legal judgment. For example, an individual cannot petition to modify a community property settlement after a divorce has been finalized. This is because no change in circumstances would warrant the need to re-do an even split of property unless it was discovered that one spouse lied during the process.
Should You Hire a Lawyer for Post-Judgment Modifications?
Any person who has been involved in family court, including legal personnel, will implore you to seek legal assistance when requesting an order modification. This is because the process is not only complicated, but it can be quite challenging to convince a judge to change an order that is already in place. Finding an attorney who can represent your needs is essential.
Is a Child’s Preference Enough to Modify a Custody Order?
The state of California does make sure to take the preferences of children into consideration when making decisions on their behalf. However, sometimes a child may not be mature enough to voice a preference that can be used legally. If a child’s preference has changed, they are more comfortable with one parent, or their needs have changed, this may be enough evidence for a judge to grant you a custody modification.
The process of requesting a modification to a finalized court order in California can be daunting. At Hayes Family Law, we offer representation, coaching, and other resources for residents of Napa who have family law concerns. Our team has aided various people in applying for post-judgment modifications and is well-versed in how the process works. Our holistic approach to family law has allowed us to change the lives of many clients.
Whether you lost your job and can’t afford spousal support or you are worried about your child being neglected, there are legal options you can take to change certain court orders in California. To find out more about post-judgment modifications, contact Hayes Family Law today.