Modifications of Existing Orders

Modifications of Existing Orders in California

Modifying family law orders in California is technical and requires individuals to have specific facts to request changes. Modifications typically involve requesting a court to change the terms of a judgment or past judgment, related to child custody, child support, spousal support, or visitation.

The process may vary based on the type of order you want to modify. Below is a general overview, but it's important to consult with a family law attorney for advice tailored to your specific situation.

Modifications of Child Custody and Visitation Orders

To obtain modifications, you generally need to demonstrate a significant change in circumstances since the last Child Custody and Visitation Order was issued.

Examples include but are not limited to:

• Parent's relocation

• Changes in the child's needs

• Parent's inability to meet the existing order

• Changes in the custody needs of the child

​​

Modifications of Child Support Orders

As with Child Custody and Visitation Modifications, you generally need to demonstrate a significant change in circumstances since the last Child Support Order was issued.

Examples include but are not limited to:

• Change in a parent's employment​

• Change in childcare expenses

• Change in custody or visitation time

Modification of Spousal Support Orders

As with the previous topics, you generally need to demonstrate a significant change in circumstances since the last Spousal Support Order was issued.

​

Examples include but are not limited to:

• Change in your income

• Change in your spouse's income

• Retirement

• Change in health

• Change in employment

How to File a Request for Modification in California

Start by filing a Request for Order (RFO) with the court. This form asks the court to modify the existing custody or visitation order. The request details both the requested modification and the reasons for the request.

​

Next you must attend the court hearing. Both parties will present their cases, and the judge will make a decision on whether or not a modification is necessary. To ensure the best outcome, it is recommended to seek legal representation.