Post-Judgment Modifications and Enforcement

Although a finalized divorce judgment, support order or custody order has the authority of a court behind it, such an order often is not written in stone. Depending on the terms, modifications may be allowed as circumstances and needs change.

At the Law Office of Linda D. States, I help clients seek modifications, enforcement and set asides of orders/judgments, as appropriate.

Modification of Custody Orders

Initial custody and visitation orders, that once accurately reflected the best interests of the children, can become obsolete over time. Parenting plan modifications may be necessary to respond to the children's changing needs and/or new circumstances of the parents. The modification process varies by county, but generally includes a written agreement, child custody recommending counseling (CCRC), and/or a hearing.

Modification of Support Orders

Child support and modifiable spousal support orders may be altered upon a substantial change of circumstances, such as a change in income or parenting timeshare. Modifications can be achieved by stipulated (agreed) order, or by court hearing upon the filing of a Request for Order. After judgment, discovery reopens so that both parties can request records from the other as to hearing issues.

Setting Aside Judgments/Orders

Under very limited circumstances and for a short period of time, some agreements, orders and judgments based on fraud, coercion, mistake, etc. may be set-aside (voided) and then replaced. The law on what qualifies for set-aside and when it must be addressed is technical and fact-specific. Obtaining knowledgeable advice in a timely fashion can prevent loss of the option to set aside a problematic agreement, order or judgment.

Seek Help From A Skilled Lawyer

Whether you are seeking to modify or enforce your parenting plan or support order, or need help with a possible set-aside, my office may be able to help. To discuss your needs, call my Sacramento office at 916-426-9119. You can also contact me via email.