Modification Judgement

What is a modification of judgment?

A Judgment is a final decision by the court and a modification is a request to make changes to the judgment. A judgment is modifiable as long as the requesting party can prove that there have been substantial changes in the factors considered by the court when the judgment was made. When considering a modification, knowledge of the applicable CA Family Codes is important and having a skilled family law attorney will be of great benefit.

Who has the right to file for a modification?

Any party to a case has a right to file a modification. A request to modify a decision of the court will only be successful if it can be shown that there have been significant changes in the circumstances since the judgment was made. A request to modify the judgment is filed in the court that has jurisdiction over the case. The document filed with the court is called a Request for Order (RFO). On this form the party wanting the changes gives a detailed description of the reason for the request. After filing the RFO, a hearing will be scheduled.

Why would someone need to modify their child custody or support agreement?

There are a number of reasons why someone would want to modify child custody or a support order. Where you have changes in arrangements for sharing the children, a modification could be sought. If there has been an increase or decrease in income by either party a modification may be sought to address the issue. Changes happen in life and when those changes are substantial enough to interfere with custody or support orders, then a modification may be the best course of action. When facing a problem with custody or Child Support it is best to seek the counsel of a skilled attorney to help determine if a RFO would be the best course of action.

Is there a time limit on being able to modify a judgment?

As long as the court has jurisdiction over the issue, it is always subject to modifications. Support orders can be changed to an amount higher or lower than the current order. Changes in income can be a reason to request an increase or decrease and either party can request the modification. Changes that severely impact a parent’s custodial time can also be a reason to request a Child Custody/ Visitation modification. It’s good to have a skilled attorney representing you in the process.

Does a modification have to go back through a trial?

It depends. There are opportunities during the court process to attempt a settlement. However, if settlement is not possible, then there would be a court trial. Each party has the responsibility of presenting their evidence to the court. There a procedures which govern admitting evidence and I have experience navigating through the California Family Law Court System.

How can your firm help?

At Lindsey Law you will find a skilled attorney. I have years of experience helping clients petition and defend modification requests. The process can be complicated and will require the right legal guidance. You will have not only a skilled and proficient legal advocate on your side but one that understands that circumstances surrounding family law issues can be overwhelming. I provide my clients with the legal guidance needed from the beginning of the case to the end. Each client is treated with dignity and respect. I give each case the time and attention needed to advocate on each client’s behalf.

Contact the Lindsey Law Office today for assistance with your Modification of Judgement Case at (909) 801-7388