Adapting Legal Orders to Reflect Your Current Reality in Los Angeles County
We provide superior legal representation for clients throughout Los Angeles County, including Bel Air, Santa Monica, West Hollywood, and Brentwood.
When Can a Court Order Be Modified in California?
Under California law, most aspects of a family law judgment—including child support, spousal support, and child custody—are subject to modification if a “material change in circumstances” has occurred. This legal standard ensures that orders remain fair and in the best interests of the parties involved.
A Beverly Hills post-judgment modification attorney from our firm can assist you in seeking or contesting changes related to:
- Spousal Support: Changes may become necessary due to a significant shift in financial circumstances, such as the paying spouse loses a high-level executive position or the receiving spouse becomes self-supporting or remarries.
- Child Support: Adjustments based on the updated California Guideline calculation, often triggered by a parent’s significant promotion, job loss, or a change in the amount of time the child spends with each parent.
- Child Custody and Visitation: Changes necessitated by a child’s aging, educational needs, or safety concerns.
- Parental Relocation: Often referred to as “move-away” cases, where a parent seeks to move the child to a new city or state.
How a Lawyer Helps With Post-Judgement Modifications
Obtaining a modification is not automatic; it requires a formal request (Request for Order) and a persuasive demonstration of evidence to the court. Our firm serves as your strategic partner by:
- Proving a Change in Circumstance: We gather the necessary financial records, employment data, and testimony to meet the court’s evidentiary standards.
- Calculating Support Adjustments: We use professional software to provide accurate projections of how support should be adjusted under current laws.
- Negotiating Out-of-Court: Whenever possible, we work to reach a written stipulation with the other party to avoid the time and expense of a court hearing.
- Litigation: If a modification is contested, our Beverly Hills post-judgment modification lawyers provide assertive courtroom advocacy to protect your interests.
Why Choose Schoenberg Family Law Group, P.C.?
Modifying a judgment requires a deep understanding of the original case and the foresight to prevent future litigation. Clients trust our firm because:
- Decades of Specialized Experience: Led by Debra R. Schoenberg, a Board-Certified Family Law Specialist, we have spent nearly 40 years handling over 15,000 family law matters.
- “In It to Win It”: We approach every case with a trial-ready mindset. While we seek amicable resolutions, we are formidable litigators known for our tenacity in the Los Angeles County Superior Court.
- Comprehensive Financial Analysis: In high-net-worth modifications involving complex executive compensation or business ownership, we utilize forensic accountants to ensure support orders are based on true “income available for support.”
- Personalized Strategy: We don’t believe in a one-size-fits-all approach. Every family is unique, and our Beverly Hills post-judgment modification attorneys tailor our legal strategy to your specific goals.
Frequently Asked Questions (FAQs)
What counts as a "material change in circumstances"?
A material change is a significant shift that occurred after the original order was signed. Common examples include a job loss, a substantial raise, a change in a child's health or educational needs, or child’s environment.
Can I change my child support order if my ex-spouse is making more money?
Yes. If the other parent’s income has increased significantly, you can petition the court for an upward modification of child support to ensure the child benefits from the parent's improved standard of living.
Is it possible to modify a "non-modifiable" spousal support order?
Generally, if a judgment or marital settlement agreement explicitly states that spousal support is non-modifiable, the court cannot change it. However, an attorney should review the specific language of your order to determine if any exceptions apply.
How long does the modification process take in Beverly Hills?
The timeline depends on the court’s calendar and whether the other party contests the change. It can take several months to secure a hearing date, though changes will be made retroactive to the date you filed the motion.
Can I stop paying support the moment my income drops?
No. You must continue to pay the court-ordered amount until the court officially modifies the order. Failing to do so can result in interest, penalties, and contempt of court charges.
Does the court ever lower spousal support if the receiving spouse cohabitates with someone?
California law creates a "rebuttable presumption" that the need for support decreases if the supported spouse is living with a non-marital partner. This is a common ground for seeking a reduction in payments.
Can child custody be modified because my teenager wants to live with me?
While the court will consider the preferences of a child who is of sufficient age and maturity (typically 14 or older), the judge will still make the final decision based on the child's "best interests."
Do I need to go to court for a modification if we both agree to the change?
Even if you agree, you should have an attorney draft a formal "stipulation and order" to be signed by a judge. This ensures the new agreement is legally enforceable.
What happens if my ex-spouse refuses to share their current financial info?
During the modification process, both parties are required to exchange updated Income and Expense Declarations. Your attorney can use the discovery process to compel the production of tax returns and pay stubs.
Can I modify an order if I want to move out of Los Angeles with my child?
A relocation (move-away) requires a modification of the custody and visitation order. The court will evaluate how the move impacts the child’s relationship with the non-moving parent, among other “best interests” factors.
Contact a Premier Beverly Hills Post-Judgment Modification Attorney
If your current court order no longer fits your family’s needs, don’t wait to seek a legal remedy. The sooner you file, the sooner you can achieve financial and personal relief. Schoenberg Family Law Group, P.C. represents clients in Beverly Hills, Culver City, Malibu, and throughout Southern California. Contact us today at 310-340-1846 or fill out our online form for a complimentary consultation with our Beverly Hills post-judgment modification attorneys.
