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Kinsey Law
Offices
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Modification Of Orders
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- 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.
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