People often think that a divorce judgment is final. In California, that is not the case. You can file for modifications to your divorce decree. If you are interested in learning more, Kendall Gkikas & Mitchell, LLP are here to help answer your questions!
What aspects of a divorce decree can be modified in California?
There are several issues of a divorce decree that can be modified in California. These include:
Child Custody: Child custody orders are one aspect of a divorce decree that can be modified in California. A website for the California Courts specifies that divorced parents, “can make new agreements about the custody/visitation and support of their children at any time.” However, if only one parent wants to modify the order, they must file a Request for Order to formally request a modification.
Child Support: In California, child support is calculated based on a statutory formula. While requests for modification are allowed, any request must be based on a demonstrable change in circumstances. Some of these include a change in one or both parent’s incomes, a loss of a job, parent’s incarceration, or modification in a child custody order.
Spousal Support/Alimony: Spousal support is another aspect of a divorce decree that can be modified after the fact. The initial calculation is based on California alimony factors so requests to modify support must also be based on changes in those factors as well.
What are some reasons why I may seek a change in my child custody order?
Modifications in child custody orders are only awarded for significant changes in circumstances. Some reasons for seeking a change include a parent’s work schedule changing, a parent moving, a child’s parental preference changing, drug abuse issues, or incarceration.
How can I change my divorce decree?
There are two ways to request a change in a divorce judgment. They are through an appeal to a California District Court of Appeals or filing a motion to modify the terms of the decree with the court. When pursuing either of these options, it is best to have a divorce attorney assist you.
If you are looking to obtain a modification to your divorce decree in California, contact Kendall Gkikas & Mitchell, LLP for assistance.
While there are some instances that allow for a divorce decree to be modified in California, they are limited. It is important to put the best case forward for your modification, which can only be done with an experienced family law attorney like Kendall Gkikas & Mitchell, LLP on your side. If you are aiming to have your divorce decree modified, contact us today at 909-482-1422 to schedule your initial consultation.
To learn more about the reliable and quality family law services that we offer, visit us on the web at Kendall Gkikas & Mitchell, LLP.
