Changing custody, support and other orders after a California divorce

The court generally keeps power to change custody, visitation and child support orders until the children are adults, and spousal support while support is still owed or the court has kept jurisdiction over it. If the parties agreed in writing that spousal support cannot be changed, that agreement may limit changes, so read the judgment carefully.

A change usually requires a meaningful change in circumstances since the last order. Common examples include a significant change in income, job loss, a new work schedule, a change in how much time each parent actually spends with the children, a move, health problems or the needs of a growing child.

Parents and former spouses who agree on a change can write a stipulation and submit it to the judge for approval. Informal agreements that are never approved are not court orders and can cause problems later, especially with support.

If you do not agree, the usual tool is a Request for Order (form FL-300). The steps generally look like this.

A judge generally can change child support or spousal support only back to the date the request to change it was filed, not to the date your circumstances changed. Support that already came due before then is generally not reduced. If your income drops or rises significantly, filing promptly protects you. If a local child support agency is involved in your case, it can also help request a change in child support.

Unlike support and custody, the division of property and debts is generally final once the judgment is entered. If an asset was never divided in the judgment, the court can generally divide it later on request. Otherwise, reopening the property division usually requires a motion to set aside the judgment.

Family Code sections 2120 to 2129 allow a set-aside only on specific grounds, such as actual fraud, perjury in the financial disclosures, duress, mental incapacity, certain mistakes, or failure to comply with the disclosure requirements. Each ground has its own deadline, generally either one year after discovering the problem or one or two years after entry of judgment, depending on the ground. A judgment cannot be set aside just because it later seems unfair. Other procedures with shorter deadlines may also apply. Because the deadlines are strict, talk to an attorney as soon as you suspect a problem.