HOW TO CHANGE CUSTODY & CHILD SUPPORT ORDERS IN CALIFORNIA - VIDEO #63 (2020)

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Second video in a 4 part series of tutorial videos on how to change or modify an existing court order issued in a divorce case in California. This video explains how to modify a child custody order and/or a child support order.

Child custody orders are always modifiable. In general, court orders that pertain to children are modifiable. The court always wants to retain jurisdiction to modify orders that relate to children because the court wants to ensure that children are protected. There are all kinds of reasons why you may want to modify a child custody order.

If you and your spouse can agree on the terms of a modified child custody arrangement, the new agreement can be set forth in a Judicial Council form known as, “Stipulation And Order For Custody And/Or Visitation Of Children”, which is FL-355.

When you fill out the FL-355, you can describe your new custody agreement by means of an attachment or by means of using the collection of Judicial Council child custody forms listed on the FL-355. Those forms are FL-341; FL-341(A); FL-341(B); FL-341(C); FL-341(D); and FL-341(E).

If you and your spouse cannot agree on a new child custody arrangement, then one of you will need to file a motion with the court using the FL-300.

If you ask the court to modify an existing child custody order, the court is going to primarily consider what will be in the best interests of the child. The court does not give much weight to what you think is best for you. It’s all about what is best for the child.

If you file an FL-300 motion to modify child custody, before attending the hearing, you will be required by the court to participate in a court program known as “child custody mediation” or “child custody recommending counseling”.

If you file a motion to modify child custody, most of the time you will also want to include in the motion a request to modify child support. Since the amount of child support is linked to the child custody timeshare percentage, as soon as you change the custody arrangement, the amount of child support should be re-set.

Child support orders are modifiable. The court always wants to retain jurisdiction to modify child support orders to ensure that children are properly supported.

There are all kinds of reasons why you may want to modify a child support order.

Any time there is a change in any of the data that was entered into the “guideline” child support calculation formula, it will change the amount of child support that should be paid.

If you and your spouse can agree on how to modify an existing child support order, the new agreement can be set forth in a Judicial Council form known as, “Stipulation To Establish Or Modify Child Support And Order”, which is FL-350.

If you and your spouse cannot agree on a new child support arrangement, then you have a couple of options. One option is to contact the Department of Child Support Services, also known as DCSS, for the county where the child resides and ask DCSS to initiate proceedings to modify the existing child support order to the proper “guideline” amount.

The second option is to file a motion with the court to modify the existing child support order using the FL-300.

Видео HOW TO CHANGE CUSTODY & CHILD SUPPORT ORDERS IN CALIFORNIA - VIDEO #63 (2020) канала Free Divorce