Often orders which may have been previously
entered by the Court will have to be modified over the years
to deal with the changing circumstances of the family. Perhaps
one of the parties wants to move out of State and needs to modify
a Judgment prohibiting such a move. Perhaps the economic circumstances
of the parties have changed making a modification of the amount
of child or spousal support necessary.
Of course, the parties may agree to a modification. If they do,
a stipulation (agreement) may be drafted, signed by the parties,
and submitted to the Court to effect the modification.
However, if the parties do not agree, the general method in California
for modifying orders is to bring an "Order To Show Cause"
hearing. Depending on how busy the Court is, these hearings may
be held in as little as 3 weeks.
At such a hearing the moving party must generally show that there
has been a change in circumstances since the last order which
justifies the modification. After the Court is satisfied that
there has been a sufficient change in circumstances to justify
a change in the order, it will proceed to hear the matter and
make appropriate new orders. |