San Fernando Valley Modification and Enforcement Attorney 

Need to Modify or Enforce a California Court Order? Call Our Lawyers in Northridge or Century City!

Family law court orders such as child custody and visitation orders are determined based on circumstances as they stand when the parents' marriage is dissolved. The goal is to establish a parenting schedule that is in the best interests of the child while giving both parents an appropriate level of parental access. 

However, circumstances can and do change over time, and if those changes are substantial, there may be grounds to modify a child custody order. One of the more common situations that may result in child custody modification is when one parent seeks to relocate—often called a "move-away."

Call our San Fernando Valley modification and enforcement attorneys at (818) 435-3773 or reach out online to schedule a free case evaluation.

Modification of Family Law Orders in California

Family law orders are legally binding, but California law allows for modifications when there is a substantial change in circumstances. Whether you are seeking to change a child custody arrangement, spousal support payments, or child support obligations, modifications are an essential legal tool in ensuring that the court’s orders continue to meet the needs of the parties involved.

Can You Modify Child Support in California?

When a parent loses a job or receives an increase in income, a modification of child support may be sought in accordance with the California Child Support Guidelines. These guidelines take into account the gross incomes of both parents, along with other information, to determine the right amount of child support to be paid.

There are several valid reasons a parent may request a modification of child support. Some of the most common reasons include:

• A parent’s increase or decrease in income can lead to a need for modification.
• A shift in custody arrangements may affect the child support amount.
• Increased medical, educational, or extracurricular expenses may warrant a modification.
• Serious health issues or disability affecting a parent’s ability to earn can lead to a modification request.
• Relocation of the custodial parent, especially out of state, could result in a modification.
• Having new children or financial responsibilities can impact the ability to pay existing child support.

Can Spousal Support Be Modified?

A California spousal support order is considered final at the time of the dissolution of the marriage. However, California law allows for adjustments in spousal support when, over time, there are substantial changes with regard to the factors used to determine the support payments.

These modifications are based on:

• A significant increase or decrease in either spouse's income can justify a modification to spousal support.
• Serious health problems or disability that affect a spouse's ability to earn an income may result in a request to modify spousal support.
• If the spouse receiving support remarries or begins cohabitating with a new partner, the paying spouse may request a modification or termination of support.
• A spouse nearing retirement or retiring may seek a reduction in support due to a decrease in income.
• If there is a change in child support obligations, this can sometimes impact spousal support, leading to a modification request.

If there have been any substantial changes in the circumstances related to your divorce, then a modification may be in order.

What Constitutes a Change of Circumstances for Child Custody in California?

Child custody and visitation orders can be modified if there has been a substantial change in circumstances since the initial order. This could involve:

Some of the valid reasons to request a modification of child custody include:

• Significant change in the child’s needs, for example, if the child requires different educational support, healthcare, or psychological care.
• If the parent has a new job that requires relocation, a significant change in work hours, or health issues that impact their parenting abilities.
• If a parent is consistently neglecting or failing to fulfill their parenting responsibilities, such as not attending to the child’s basic needs or showing a lack of involvement in the child’s life.
• If older children (typically over 12 years old) express a desire to live with one parent over the other.
• If a parent passes away, the surviving parent may seek a modification of custody.

A San Fernando Valley modification attorney can help you present a strong case for why a modification is in the best interest of the child, which is always the most important consideration in custody matters.

Filing a Petition for Modification

The process of modifying a family law order begins by filing a petition with the court. The petition must detail the changes in circumstances that justify the modification request. The party seeking the modification will also need to provide evidence supporting their claims.

Once the petition is filed, the other party will be notified and given the opportunity to respond. After both parties have had a chance to present their arguments, the court will decide whether to grant the modification.

Because the burden of proof lies with the party requesting the modification, it’s essential to have a knowledgeable San Fernando Valley modification attorney who can help you build a strong case and provide the necessary documentation.

Enforcement of Family Law Orders in California

In many cases, one party may fail to comply with a family law court order. Whether it’s failing to pay child support or refusing to adhere to a custody arrangement, the enforcement of family law orders is a vital aspect of the legal process. When a party fails to comply with a court order, the other party can take steps to enforce the order and seek remedies through the legal system.

What Happens If You Don't Pay Child Support in California?

There are many instances in which one parent fails to comply with the terms of a child support order. In these cases, there are numerous tools available to ensure payment or collection.

When a party fails to comply with a family law order, several enforcement mechanisms may be available, including:

• Wage garnishment
• Contempt of court
• Property liens
• Suspension of driver’s license

We encourage you to seek counsel from the San Fernando Valley enforcement lawyers of Joel S. Seidel & Associates if you have concerns about any of these matters.

What if a Parent Doesn't Follow a Custody Order?

Custody orders issued by the court are legally binding documents that must be followed by both parties. In the event that circumstances have changed, you will need to go through the proper legal changes to modify your agreement. If either the custodial or non-custodial parent is not following the guidelines mandated by the court, then enforcement of the custody order may be necessary. 

Violating the terms of a custody agreement could result in a contempt of court being filed. This could lead to the parent facing possible penalties. If you need assistance filing for a modification or enforcing an order, don’t hesitate to contact our family law firm.

Joel S. Seidel & Associates Can Help!

The San Fernando Valley family modification attorneys of Joel S. Seidel & Associates have handled many cases involving the modification of child custody orders, and we have the knowledge, experience, and compassion to handle the most complex of modification situations, including interstate and international move-aways.

Schedule a consultation with a San Fernando Valley modification and enforcement attorney from Joel S. Seidel & Associates by sending us an email or calling us at (818) 435-3773. We have offices in Century City and Northridge.