San Jose Modification Lawyer

Comprehensive Legal Assistance for Modification of Family Court Orders

At the Law Offices of Nick Cvietkovich, we understand that circumstances can change after a divorce or separation. We offer modification services to help you navigate the legal process and make necessary changes to existing court orders. Whether you need to modify child custody, visitation, child support, or spousal support, our experienced family law attorneys are here to assist you.  

Call the Law Offices of Nick Cvietkovich today at (408) 844-4016 or contact us online to schedule a meeting with our modification attorney in San Jose!

What is Post-Judgment Modification in California? 

In California, post-judgment modifications in divorce matters refer to changes or modifications made to the terms of a divorce judgment or court order after it has been finalized. These modifications can be requested by either party involved in the divorce if they can demonstrate a significant change in circumstances that justifies a modification.

To successfully request a post-judgment modification, the party seeking the change must show a material change in circumstances. This means there has been a significant and ongoing change in the circumstances of one or both parties since the divorce judgment was issued. 

Examples of material changes can include the folloing:

For Child Custody/Visitation:

• One parent is relocating a significant distance away.
• A parent’s work schedule changes, affecting their ability to follow the existing custody arrangement.
• Concerns about a child’s safety due to neglect, abuse, or substance abuse by a parent.
• The child’s needs change significantly (e.g., special medical or educational requirements).
• One parent is consistently violating the current custody order.

For Child Support:

• A parent loses a job or experiences a substantial change in income.
• A parent gets a significant raise or new financial obligations.
• The child’s expenses increase (e.g., medical needs, education costs).

For Spousal Support:

• The supported spouse becomes self-sufficient or remarries.
• The paying spouse experiences a substantial loss of income.
• Either party experiences a major health issue affecting finances.

Modifying Child Custody and Visitation

When seeking a modification of child custody or visitation arrangements, the requesting party must demonstrate that the proposed change is in the best interests of the child. The court will consider factors such as the child's age, health, education, and the ability of each parent to meet the child's needs.

Modifying Child Support

Child support can be modified if there has been a significant change in the income of either parent or if there has been a substantial change in the needs of the child. The court will typically use the state's child support guidelines to determine the appropriate modification.

Modifying Spousal Support

Spousal support, or alimony, can be modified if there has been a material change in the circumstances of either party, such as a change in income, unemployment, retirement, or cohabitation. The court will consider factors such as the length of the marriage, the supported spouse's needs, and the supporting spouse's ability to pay.

The Legal Process of Modification in CA

Here is a step-by-step process of modifying a family court order in California:

1. Try to Reach an Agreement with the Other Party: Before filing in court, you can try negotiating with the other party to reach a mutual agreement. If both sides agree, you can submit a signed stipulation to the court for approval, avoiding a hearing.
2. Complete the Required Court Forms: Fill out the correct Request for Order (FL-300) and any other necessary forms based on the type of modification (custody, child support, or spousal support). Ensure the forms are completed accurately, as they explain your request to the court.
3. File the Forms with the Court: Submit your completed forms to the same family court that issued the original order and pay the required filing fee. The court will process your request and schedule a hearing date if necessary.
4. Serve the Other Party: A neutral third party 18 or older must serve copies of the filed forms to the other party, ensuring they are notified of the modification request. After service, the server must complete and file a Proof of Service with the court.
5. Attend Mediation (If Required for Custody/Visitation): If requesting a change in child custody or visitation, the court may require mediation to help parents reach an agreement before the hearing. If no agreement is reached, the judge will decide based on the child’s best interests.
6. Attend the Court Hearing: Both parties must attend the scheduled hearing, where the judge will listen to arguments and review evidence. The court may issue a ruling immediately or take time to decide.
7. Obtain and Follow the New Court Order: If the judge approves the modification, a new court order will be issued and must be followed. Keep a copy of the updated order and ensure compliance to avoid legal consequences.

Why Choose Us

With years of experience in family law, we have a deep understanding of the complexities involved in modification cases. Our attorneys are committed to providing personalized attention and dedicated legal representation to each client. When you choose the Law Offices of Nick Cvietkovich, you can expect:

• Expertise in family law and modifications cases
• Compassionate and understanding attorneys
• Strong advocacy for your rights and interests
• Thorough analysis of your case and tailored legal strategies
• Clear and honest communication throughout the process

Contact Our San Jose Modification Attorney Today 

If you are seeking modifications to an existing court order, contact us today to schedule a consultation. Our experienced family law attorneys will guide you through the process and fight for the best possible outcome for you and your family. 

Contact the Law Offices of Nick Cvietkovich today to schedule a meeting with our modification lawyer in San Jose!