Orange County Post-Divorce Court Orders & Modifications Lawyer

Child Custody Modification – Child Support Modification – Spousal Support Modification

Based in Southern California and servicing all cities within Orange County, the post-divorce modifications attorneys at Wilkinson & Finkbeiner, LLP, provide personal service, attention, and professional representation to men and women throughout southern California seeking court orders for modifications to their divorce or paternity judgment.

Most post-divorce decree modification requests center around child custody, child support, and spousal support. Our attorneys also have significant experience assisting clients to enforce their judgments and orders.

Even after a final judgment in a divorce and/or child custody case, there may be ongoing procedures to modify and enforce a previously issued judgment or order.  Our attorneys have experience in handling all types of post-judgment proceedings and can help you to determine whether the judgment in your case may be modified as well as assist you ensuring that your judgment is properly carried out.

 Modifications

A post-judgment modification action occurs where a party to the existing judgment seeks to change a provision of the judgment.  To modify a judgment, you must file an Order to Show Cause (OSC) motion, which is essentially a request for the court to make an order.  In your OSC, you must demonstrate that grounds exist for modifying the existing judgment, including generally a changed circumstance warranting modification.  Generally, post-judgment modification motions are appropriate for issues regarding child custody and visitation, child support and spousal support.   Orders regarding other provisions, such as the division of property, are generally not permitted, although parties may seek to set-aside a previous judgment on these issues under certain circumstances.  In family law, motions to set aside judgments and orders generally fall under California Code of Civil Procedure 473 or California Family Code 2120, et seq.    

To obtain a post-judgment modification, you must demonstrate that the circumstances have changed since the original order to justify your requested modification.  While there is no formal definition of what constitutes a change of circumstances, some courts may consider the following a change of circumstances justifying a court-ordered modification of a previous order:

-relocation or move away

-loss of job or increases or decreases in earnings

-unsuitable environment for children

-new spouse or mate

-unforeseen expenses, including medical expenses

-drug or alcohol use or abuse

 You should note that even though a change of circumstances may have occurred in the past, in most cases, a court ordered modification will not take place retroactively.  This is particularly important for the issues of child and spousal support.  That means your new support payments will begin with the new order and you may still be responsible for any delinquencies that occurred prior to the new order becoming effective.

Our post-divorce modification attorneys understand that a change of circumstances can be devastating in some cases and welcome changes in others.  We will work with you to fully comprehend the scope of your issues, and we will focus our efforts on addressing those concerns.

Enforcement and Collection

It is often necessary to enforce court orders because the other party is not in compliance, is late or in default of court orders.  In these situations, you need a competent, qualified attorney to represent your interests.  Certain examples where post-judgment enforcement proceedings may be necessary include:

  -failure to pay child support                  

  -failure to reimburse for healthcare or childcare expenses

            -failure to pay spousal support

            -failure to abide by child custody and visitation orders               

  -failure to comply with division or property and/or other debt orders

            -failure to cooperate with deferred sale of family residence orders

            -failure to make equalization, balloon or buyout payments

            -failure to comply with life insurance maintenance orders

            -adjudication and collection of arrears

Our experienced attorneys will not only help you to enforce court orders, we can help you collect on your family law judgment.  There are many legal tools our attorneys utilize to force compliance with court orders, including filing requests for sanctions and contempt, filing and recording liens, garnishing wages and levying accounts.   Also, California law provides that interest will accrue on unpaid judgments in many family law cases. 

Our attorneys have experience with enforcement proceedings and collecting on family law judgments, and have structured fee agreements with clients to meet their needs.  In certain circumstances, we offer a “contingency” fee arrangement, where the client pays no up-front attorney fees.  These arrangements are subject to the California State Bar Rules of Conduct concerning contingency fee arrangements involving family law matters, and may or may not be applicable to your case.  

In other situations, you may be able to apply for reimbursement for attorney fees based on the other party’s breach of your agreement or violation of a court order.  In those situations, your attorney at Wilkinson & Finkbeiner, LLP will vigorously fight for your right to reimbursement. 

Set-Asides

California law authorizes a party to a previous court order, or judgment, to have the order set-aside under certain circumstances and within certain time limits.  To obtain a set-aside, you must file an Order to Show Cause or noticed motion with the court within the applicable time frame and demonstrate that adequate grounds exist for granting the motion.  A party will be barred from bringing a motion to set-aside after the time frame established by the statute.  This means that if you believe you have grounds to set-aside a judgment that was previously issued in your case, your should contact an attorney as soon as possible to ensure that the motion can be brought within the applicable time frame.

Equitable Set-Asides

In proceedings for dissolution, legal separation and nullity of marriage, California’s Family Code permits a party to the case to set-aside a previous court order under the following circumstances: actual fraud, perjury, duress, mental incapacity, mistake and failure to comply with disclosure requirements.  These motions generally must be brought within one to two years (depending on the cause of action) after the moving party discovered or should have discovered the grounds for the set-aside. 

Our post-judgment set aside attorneys can explain your rights regarding set-aside motions under California’s Family Code and can assist you in obtaining relief from a previous judgment or in defending against an attack on a judgment in your case. 

Set-Asides Based on Mistake, Surprise or Excusable Neglect

A party may also set-aside a previous judgment based on mistake of law or fact, surprise or excusable neglect.  Unlike equitable set-asides under California’s Family Code, which apply only to dissolution, legal separation and nullity proceedings, set-aside motions under this section apply to any type of case.  However, all set-asides under this section must be brought within 6 months after the judgment was entered.  This means that if you do not bring a motion to set-aside the judgment within 6 months after the judgment was entered, you will be barred from bringing the motion.

Our experienced Orange County set-aside lawyers can assist you in determining whether you are entitled to relief from your judgment under California law.  We can also defend you if the opposing party in your case is seeking to attack a valid judgment. 

Setting Aside a Support Judgment

California Family Code authorizes a party to request the set aside a child or spousal support order.  Motions under this section may be brought based on actual fraud, perjury and lack of notice and must be brought within 6 months after the moving party discovered or should have discovered the grounds for the motion.

Set-Aside Based on Lack of Service of Process

Recently, a California appellate court decided that where a party does not receive service of process or adequate service of process at the beginning of a case, any judgment subsequently issued in the case is void even if the person had actual or constructive notice of the action.  This means that you may set aside a judgment in your case if you were not properly served with the initial pleadings, regardless of your level of participation in the case.  Our attorneys can assist you in determining whether service of process in your case was in compliance with the law and can assist you in protecting your rights. 

DISCLAIMER: The content of this website is intended as legal information only and should not be construed as legal advice.  The content of this website is a summary of the law only.  It may not contain a complete statement of the law.  You should contact an attorney if you seek specific legal advice or assistance.

Orange County California Post-Divorce Modification Attorney

Our post-divorce modification attorneys understand that a change of circumstances can be devastating.  We will work with you to fully comprehend the scope of your problems, and we will focus our efforts on addressing those concerns.

One thing to be aware of is that even though a change of circumstances may have occurred in the past, in most cases, a child or spousal support order will likely not be retroactively modified. That means your new support payments will begin with the new order, and if you are the obligor (party ordered to pay) you may still be responsible for any delinquencies that occurred prior to the new order becoming effective.

Contact a Orange County Post-Divorce and Post-Judgment Modification Attorney

For further information or to discuss your child support modification or child custody modification, as well as any other modification issues, we invite you to schedule a free confidential consultation with an experienced Orange County divorce lawyer by calling us at (949) 955-9155. The parking and confidential consultation are free.