Modifying Family Law Orders in California
Family law orders such as child custody, child support, spousal support, and visitation are not necessarily set in stone. While these orders are designed to reflect the needs and best interests of the parties involved at the time they are issued, life circumstances change. When significant changes occur, it may be possible—and sometimes necessary—to seek a modification of existing court orders. At Blasser Law in Claremont, we help clients in Los Angeles and the San Gabriel Valley understand their rights and obligations under California law and guide them through the legal process of modifying family court orders.
When Can a Family Law Court Order Be Modified?
Modifications to family law orders typically require a showing of a “material change in circumstances.” This means that since the time the original order was issued, there has been a significant and ongoing change in one or both parties’ lives that affects the terms of the order. The court will not grant a modification simply because one party is unhappy with the arrangement. Instead, the requesting party must present compelling evidence that the change materially impacts the existing order’s fairness, feasibility, or the best interests of the child, if applicable.
For example, if a parent who pays child support loses their job or experiences a substantial decrease in income, that parent may petition the court to reduce the support obligation. On the other hand, if the parent receiving support can show that the child’s needs have increased—such as increased medical costs or educational expenses—they may seek a support increase. Similarly, if a parent relocates, develops a substance abuse issue, or becomes unable to exercise parenting time safely, this could warrant a change in custody or visitation orders.
Modifying Child Custody Orders
Child custody arrangements are often the most frequently modified family law orders, primarily because the needs of children evolve as they grow, sometimes in ways that were not anticipated at the time of divorce. Courts in California focus on the best interests of the child when making or modifying custody decisions. A parent seeking to change a custody order must demonstrate that the proposed modification would benefit the child and is justified by changed circumstances.
Common reasons for modifying custody include a parent’s relocation, a change in the child’s school or medical needs, concerns about the child’s safety or well-being, or a parent’s failure to comply with the existing order. For instance, if one parent moves out of state and the current custody arrangement is no longer workable, the court may need to reassign parenting time to accommodate the new logistics. In serious cases, such as allegations of abuse, neglect, or criminal behavior, a court may take immediate action to modify custody to protect the child.
Modifying Visitation Orders
Visitation, or parenting time, is often included in a custody order but can also be modified independently. If one parent is frequently missing visits, consistently late, or creating a disruptive environment for the child, the other parent may request a change in the visitation schedule. Likewise, if a child’s needs or preferences evolve—especially as they reach their teenage years—the court may consider a new arrangement that better suits their routine or stability.
Parents may also request changes if their work schedules shift significantly or if health conditions arise that make the existing plan unfeasible. Courts prefer that parents collaborate to adjust schedules collaboratively when possible, but if disputes arise or the changes are substantial, a formal court modification may be necessary.
Modifying Child Support Orders
Child support orders in California are based on a statutory formula that considers both parents’ incomes, the amount of time each parent spends with the child, and other relevant financial factors. Because these inputs can change over time, child support orders are commonly modified.
A parent may request a modification if they lose a job, get a significant raise, start receiving disability benefits, or otherwise experience a change in financial circumstances. Additionally, if the parenting time allocation changes significantly, this could affect the support calculation. For example, if a child starts living primarily with the parent who was previously the non-custodial parent, support obligations may need to be rebalanced.
The court will generally require documentation of the changed circumstances, such as pay stubs, tax returns, or proof of unemployment. Once a request for modification is filed, the court may temporarily adjust the order while awaiting a final decision.
Modifying Spousal Support Orders
Spousal support (also called alimony) may also be modified when there has been a material change in either party’s circumstances. These changes might include a job loss, retirement, remarriage or cohabitation of the supported party, or significant changes in health that impact earning capacity.
The original support order’s terms can influence whether a modification is even possible. Some spousal support agreements are designated as “non-modifiable,” meaning the court cannot later change the amount or duration. However, in most cases, if the agreement or order allows, either party can petition for a change.
In deciding whether to modify spousal support, the court will revisit many of the factors used to determine support in the first place, including the length of the marriage, the standard of living during the marriage, each party’s earning capacity, and any efforts by the supported spouse to become self-sufficient.
The Legal Process for Requesting a Modification
To modify a family law order in Los Angeles or the San Gabriel Valley, the requesting party must file a Request for Order (RFO) with the family court that issued the original order. This form outlines the specific change requested and includes a declaration explaining the basis for the request. Supporting documents, such as financial disclosures or medical records, may also be required depending on the nature of the modification.
After the paperwork is filed and served on the other party, the court will schedule a hearing. At the hearing, both parties can present evidence and testimony. The judge will then decide whether the proposed modification is warranted based on the evidence and applicable legal standards. In emergency situations, a court may issue temporary orders pending a full hearing.
It’s important to note that informal agreements between parents or spouses—such as agreeing to a new custody schedule or support amount—are not legally enforceable unless they are filed with and approved by the court. To ensure that your rights and responsibilities are legally protected, formal modification through the court is essential.
Getting Legal Help for Modifications
Navigating a request to modify family law orders can be complex, especially if the other party disputes the change. Working with an experienced family law attorney ensures that your request is properly supported with evidence and that your legal arguments are clearly presented to the court.
At Blasser Law, we understand that life doesn’t stand still. Whether you’re seeking to change a custody order, adjust support payments, or respond to a modification request from the other party, we’re here to help. Our legal team will review your case, explain your options, and advocate for a solution that reflects your current reality and protects your interests.
Contact Blasser Law in Claremont Today
If you are considering modifying a family law order, don’t try to go through the process without legal support. Our experienced post-divorce modification attorneys at Blasser Law are committed to helping clients in Claremont, Los Angeles, and the San Gabriel Valley secure court orders that meet their evolving needs. Contact us today to learn how we can assist you in modifying a child custody, support, or spousal support order in California.
