HOW TO CHANGE EXISTING COURT ORDERS CALIFORNIA - VIDEO #62 (2021)

First video in a four part tutorial series explaining how to modify existing court orders including child custody orders, child support orders, spousal support orders, and other types of court orders.

After you are divorced, there may come a point in time when you want to modify one or more of the court orders that are set forth in your divorce judgment. You may want to modify the orders because circumstances have changed. Perhaps you lost your job and you can’t afford to pay the amount of support set forth in the divorce judgment. Perhaps the children are now older and it’s appropriate that they spend more custodial time with you. There can be any number of reasons why you may want to modify one or more of the provisions contained in your divorce judgment.

There are other kinds of court orders you may want to modify besides orders that are part of your divorce judgment. You may want to modify temporary court orders that were issued while you are waiting to get to trial. You may want to modify court orders that were made months or even years after your divorce judgment was issued.

Certain types of court orders are frequently modified. For example child custody orders are frequently modified. Child support and spousal support orders are also frequently modified. Other types of court orders can be modified.

Some types of court orders cannot be modified. Generally, orders in your divorce judgment for the division of assets and debts are “written in stone” and can’t be modified, unless those orders are modified with the consent of your former spouse.

The basis for a motion to modify a court order is going to be that circumstances have changed since the divorce judgment was entered or since the court orders were issued, and those changed circumstances make it appropriate that the court make new orders.

If, after the divorce judgment has been issued or after a court order has been made, you decide you want to modify one or more of the orders because circumstances have changed, the first step is to contact your former spouse and see if he or she is agreeable to the proposed modification.

If your former spouse is agreeable to the modification, then you need to prepare a written “Stipulation and Order” setting forth the new agreement. You both sign the stipulation. Your signatures will need to be notarized. You then submit the stipulation to the court for a judge to sign.

There are Judicial Council forms you can use for a stipulation to modify certain kinds of court orders, such as child custody orders or child support orders.

If your former spouse is not agreeable to your proposed stipulation to modify an existing court order, then you may want to suggest that the two of you meet with a mediator and try to resolve the disagreement through mediation.

If your former spouse is not agreeable to your proposed stipulation and won’t agree to mediation, then you can file a motion with the court and ask the court to make new orders modifying the terms of the divorce judgment or other prior court orders.

You can use the Judicial Council form, “Request For Order”, which is FL-300, for your motion.

Видео HOW TO CHANGE EXISTING COURT ORDERS CALIFORNIA - VIDEO #62 (2021) канала Free Divorce