Your divorce is done and everything has been finalized. It’s all over, right? Maybe and maybe not. It may depend upon whether you have minor children. Under California law, child support orders are modifiable “at any time as the court deems necessary.” The practicality of the situation is that the judgment can never be considered a “final” adjudication of the extent of the parents’ obligation to support their minor children. Changes in custody can occur after judgment too. Move away cases arise after judgment. More common is the situation where one party seeks a change of custody based upon a change in circumstances. Thus, for example, if restrictions were put in a custodial award and a significant period of time has passed, the court may find that there has been a change of circumstances such that custody should be modified, with both parents playing a substantial role in the upbringing of the child.
Thus, even after final judgment, custody and support orders are subject to judicial review. Under a showing of the right set of circumstances, they both may be modified. With respect to financial issues, the general rule is that courts will not revise a child support order unless there has been a “material change of circumstances.”
A “material change in circumstances” is determined on a case-by-case basis, but the overriding issue is whether a change has affected either party’s financial status. This is based upon the needs of the person getting support and the other party’s ability to pay. Thus, a common basis for changing support is when the wealth of the person paying has been enhanced, even if the wealth of the person getting support has not changed.
The law even allows for a relatively simple and inexpensive method of determining whether the payor’s wealth has changed. A current income and expense declaration and the other party’s prior year’s federal and state personal income tax returns may be requested. Remedies are available if the payor refuses to cooperate.
For questions about post judgment modification of child support and post judgment modification of child custody, feel free to call the Law Offices of Richard A. Marcus at 661-257-8877.