As life moves on after a divorce, some court orders become outdated or no longer reasonable for your situation. If you experienced a substantial change in circumstances, making it difficult to comply with the current court order, you can request a modification.
You can seek a modification of the court order for child support, spousal support, child custody, and visitation as long as specific requirements are met. Consider seeking legal counsel from our experienced attorneys in San Jose, California, to discuss your eligibility to request a modification. At The Law Offices of Steven E. Springer, we assist clients in Morgan Hill, Hayworth, Pleasanton, Fremont, and throughout Alameda and Santa Clara counties.
If you want to modify a court order, you can either agree to the changes with your former spouse out of court or request a change in circumstances. In the latter case, you and the responding party will have to appear in court and have your case decided by the judge.
Seeking a modification by agreement would be a cost-efficient alternative to filing a modification case with the court. If you and your ex-spouse can reach an agreement outside of court, you will have to submit it to the court. The judge then signs the agreement to make the changes official and legally binding.
If the parties cannot agree to the changes without court involvement, the parties can file a modification case with the court. However, the party requesting a modification needs to prove a significant change in circumstances for the requested changes to be approved.
The process of requesting a modification of a court order is similar for both child custody/visitation and child/spousal support orders. The party who wishes to change the order needs to take the following steps:
Consider contacting our San Jose, California, court order modification attorneys at The Law Offices of Steven E. Springer to review your unique situation and determine if your case meets the criteria for a modification. For over two decades, Mr. Springer has provided personalized and quality service to clients in San Jose, Morgan Hill, and Santa Clara County. Get a case review with our dedicated attorneys to identify your best course of action.