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Cullen Family Law Group
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  5. Modifications (Custody & Support)

Modifying Child Support, Alimony And Custody Orders

Either party can request that the Court grant a change in custody, child support, or visitation order when there has been a substantial change in circumstances. In some instances, a party can also request a modification of spousal support if there is a substantial change in circumstances.

Such changes are known as modifications because they modify the current court order into a new one. Modifications may provide for increases or decreases in child support, visitation schedule adjustments, and custody changes. Substantial changes that can lead to a modification can include:

  • One parent changing jobs, with a corresponding change in income
  • One parent becoming ill or disabled
  • The child becomes ill or disabled or develops special needs
  • One parent needs to relocate
  • The death of one parent
  • The development of domestic violence in one of the custodial households

Local courts require that the parties attend mediation for custody and visitation modifications. If the parties can come to an agreement during mediation, the Court will usually accept the result of the mediation. However, mediation will not address property or support issues; mediation is only for custody and visitation concerns. We welcome you to learn how mediation works during post-judgment modifications for child custody or visitation or how modifications are established by contacting us to learn more.

When Circumstances Change

In cases of child custody and child support modifications, the standard for approving the request for a change is the best interests of the child. Some mediators may interview an older child to determine their feelings about the proposed modification. However, most mediators try to keep children out of the process when they can.

Although it is possible to modify a spousal support order, the scope of the original alimony order can limit future changes. Consult a lawyer to learn whether the original alimony order includes a provision for modification.

Requests to move away or relocate can be the subject of modification petitions, as they usually affect child custody and visitation. Contact a family law attorney with experience with modifications of orders to learn if your desired change is one that the courts can consider. Call us at 951-715-4601 in Riverside. We have a second office location in Temecula.

Practice Areas

  • Family Law
    • Adoption & Guardianships
    • Domestic Violence
    • Grandparents’ Rights
    • Out of State Clients
    • Same-Sex Family Law
    • Stepparent Adoptions
    • Emergency Family Law Hearings in Riverside and San Bernardino
    • Request for Order (RFO): What It Is and How It Works
    • Unbundled Family Law Services
  • Divorce (Dissolution)
    • Contested vs. Uncontested Divorce
    • Domestic Partnerships
    • Estate Planning In Divorce
    • Grey Divorce
    • High Net Worth Divorce
    • Legal Separation
    • Mediation / Collaborative Divorce
    • Prenuptial & Postnuptial Agreements
    • Same–Sex Divorce
    • Spousal Support
    • Dissolution Timeline
    • Divorce Do’s and Don’ts
    • Divorce When There Is a Business Involved: Protecting Your Rights
    • What to Do If You’ve Been Served Divorce Papers
  • Child Custody & Visitation
    • Child Custody Overview
    • Fathers’ Rights
    • Modifications
    • Parental Relocations / Move-Aways
    • Parental Rights / Paternity
    • Enforcing Custody and Visitation Orders in California
    • Emergency Custody Orders in California
    • Move–Away Orders: When One Parent Wants to Relocate
    • Understanding 730 Child Custody Evaluations in California
    • Communicating With Your Children
    • Parental Alienation
    • Parental Interference
  • Child Support
    • Spousal Support / Alimony
    • Wage Garnishments (Collection of Support)
  • Estate Planning In Divorce
  • Guardianship & Adoption
  • Legal Separation
  • Military Divorce
    • Military Pension
    • Dividing CALPERS, Military, and Government Pensions in Divorce
  • Property Division
    • Business Valuations & Business Controllable Cash Flow
    • Hidden Assets
    • Property Rights: Simple & Complex
    • Property Settlement
  • Spousal Support
    • Spousal Support / Alimony
    • Spousal support in CA: Why does the date of the settlement matter?

Find Out How We Can Help You.

Call 951-715-4601, chat with us, or request a consultation below.

Riverside Office

4094 Chestnut Street
Riverside, CA 92501
951-715-4632

Fax: 951-715-4601

Riverside Office
Cullen Family Law Group

Temecula Office

28465 Old Town Front Street
Suite 321
Temecula, CA 92590
951-715-4632

Fax: 951-715-4601

Temecula Office
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