MODIFICATION OF COURT ORDERS
Although routinely specified in a judgment, orders for child custody, child sharing and child support are subject to modification post-judgment, upon a proper showing. In addition, spousal support may be subject to modification, unless the judgment specifies otherwise.
At times, by stipulation or lack of evidence at the time of trial, the Court may reserve jurisdiction to make orders on specific issues at a later date. In each of these instances, it may be necessary to file a motion after entry of judgment seeking relief from the Court.
Modifying Support Orders in San Diego County, CA
In a post-judgment motion to modify support, it is essential each party ascertain all necessary, updated financial information before the time of the hearing. There are certain simplified procedures permitted by California law so that a party will have financial information prior to making a decision as to whether or not to file a motion to modify or terminate support. After filing a motion to modify, there may be the right to obtain additional information through the discovery process, for example, subpoenaing a third party bank, lender, CPA or employer.