Modification of Family Court Orders
San Bernardino County | CFLS
When Life Changes, Court Orders May Need to Change Too
Family court orders aren't always permanent. Life circumstances evolve—parents change jobs or relocate, children's needs shift as they grow, financial situations improve or deteriorate, and new relationships form. California law recognizes these realities and allows modification of certain family court orders when circumstances materially change.
At Lewis Legal Group, we help San Bernardino County families navigate the modification process for custody, child support, and spousal support orders. As a Certified Family Law Specialist, Heather Lewis understands both the legal standards courts apply and the practical strategies that lead to successful modifications.
What Orders Can Be Modified?
California courts can modify certain types of family court orders when circumstances have changed significantly. However, not all orders are modifiable.
Modifiable Orders
- Child custody and visitation — Can be modified when there's a significant change in circumstances affecting the child's best interests
- Child support — Can be modified when income, custody arrangements, or the child's needs change materially
- Spousal support (alimony) — Can be modified if the order doesn't specifically prohibit modification and circumstances have changed
Generally Not Modifiable
- Property division — Final judgments dividing assets and debts cannot be modified (except in limited circumstances like fraud or failure to disclose assets)
- Non-modifiable spousal support — If the parties agreed support cannot be modified, courts cannot change it
- Stipulated agreements — Some agreed-upon terms may be non-modifiable by their terms
Modifying Child Custody Orders
Child custody modifications are among the most common—and most contested—post-judgment matters. California law requires demonstrating a significant change in circumstances since the last custody order.
What Qualifies as a Significant Change?
Changes substantial enough to warrant custody modification include:
- Relocation — A parent's move affecting the existing custody schedule
- Safety concerns — Evidence of abuse, neglect, or exposure to domestic violence
- Substance abuse — Drug or alcohol problems affecting parenting ability
- Parental incarceration or serious illness — Circumstances preventing a parent from caring for the child
- Changed work schedules — Significant changes affecting availability for parenting time
- The child's changing needs — Special educational, medical, or developmental needs
- The child's preference — When a child (typically 14+) expresses a reasoned preference for change
- Persistent violations — One parent's continued failure to follow existing orders
Minor inconveniences or disagreements about parenting styles typically don't justify modification. The change must be substantial and relate to the child's welfare.
The Best Interest Standard
Even when circumstances have changed, the court must find that modification serves the child's best interests. Courts consider:
- The child's health, safety, and welfare
- Any history of abuse by either parent
- The nature and amount of contact with both parents
- The child's ties to school, home, and community
- The ability of each parent to provide a stable environment
- Each parent's willingness to support the child's relationship with the other parent
Custody stability is important—courts are reluctant to disrupt arrangements that have been working well, even if circumstances have changed. The longer a custody arrangement has been in place, the higher the burden to modify it. Learn more about child custody →
Mediation in San Bernardino County
San Bernardino County requires mandatory mediation through Family Court Services before any contested custody hearing. The mediator's recommendation carries significant weight with the court, making preparation for mediation crucial in modification cases.
Modifying Child Support Orders
Child support modifications are straightforward when circumstances have changed materially. Common grounds include:
Income Changes
- Job loss or reduction in income — Involuntary unemployment or pay cuts
- Significant raises or new employment — Substantial income increases
- Disability or illness — Affecting earning capacity
- Retirement — Transitioning from employment to retirement income
Custody or Visitation Changes
Changes in the custody arrangement affecting the time-share percentage directly impact child support calculations. If you've modified custody to spend more time with your child, child support should be recalculated accordingly.
Changes in the Child's Needs or Expenses
- Significant changes in childcare costs
- Health insurance or uninsured medical expenses
- Private school or special educational needs
- Extraordinary extracurricular activities
New Support Obligations
New children from another relationship create additional support obligations that affect the guideline calculation for existing children.
Important Timing Rule
Child support modifications typically take effect from the date of filing, not retroactively. If your income has decreased substantially, file your modification request promptly to avoid accumulating arrears you cannot pay. If you're seeking an increase based on the other parent's higher income, gather documentation before filing. Learn more about child support →
Modifying Spousal Support Orders
Spousal support modification depends on whether the order is modifiable and whether circumstances have changed materially.
Is Your Spousal Support Order Modifiable?
Not all spousal support orders can be modified:
- Temporary spousal support — Can always be modified until the divorce is final
- Modifiable permanent support — Can be modified unless specifically prohibited by agreement or court order
- Non-modifiable support — If the parties agreed in writing that support cannot be modified, courts cannot change it
Check your divorce judgment or spousal support order carefully. If it states support is "non-modifiable" or "not subject to modification," courts lack jurisdiction to change it regardless of changed circumstances.
Grounds for Modification
If your order is modifiable, either party can request modification based on material changes such as:
- Significant income changes — For either the paying or receiving spouse
- Job loss or forced retirement — Affecting the paying spouse's ability to pay
- Illness or disability — Impacting earning capacity or need for support
- Remarriage or cohabitation — The supported spouse's new relationship may reduce or terminate support
- Completion of education or training — The supported spouse becoming self-supporting
- Economic changes — Making the current order unjust under current circumstances
Courts apply the same Family Code Section 4320 factors used in the original support determination, updated for current circumstances. The goal is determining what is just and reasonable based on the parties' current situations. Learn more about spousal support →
Cohabitation and Support Modification
A supported spouse's cohabitation with a romantic partner creates a rebuttable presumption of decreased need for support. Under Family Code Section 4323, cohabitation may justify reducing or terminating support if the cohabiting partner provides financial support or the living arrangement reduces expenses.
The Modification Process in San Bernardino County
Modifying family court orders follows a structured legal process:
Step 1: Gather Evidence
Document the changed circumstances thoroughly before filing. This includes:
- Financial documentation (pay stubs, tax returns, expense records)
- Evidence supporting your claims (medical records, employment letters, etc.)
- Updated Income and Expense Declaration (Form FL-150) for support modifications
- Declarations from witnesses if relevant
Step 2: File Request for Order
File Form FL-300 (Request for Order) with the San Bernardino Superior Court, along with:
- Supporting declarations explaining the changed circumstances
- Proposed new orders
- Required financial disclosures for support modifications
Step 3: Serve the Other Party
The other party must be properly served with your request and has 30 days to file a response. If they oppose, they'll file Form FL-320 (Responsive Declaration to Request for Order).
Step 4: Mediation (for Custody Modifications)
Custody modification requests in San Bernardino County require attending mediation through Family Court Services before any hearing. Prepare thoroughly—the mediator's recommendation significantly influences the court's decision.
Step 5: Court Hearing
If the parties cannot reach agreement, the court will hold a hearing. Both sides present evidence and testimony. The court then decides whether to grant, deny, or partially grant the modification request.
Step 6: Order After Hearing
The court issues a new order modifying the previous order. This becomes the new enforceable order until circumstances change again.
Strategic Considerations
Settlement vs. Litigation
Many modifications can be resolved through negotiation and stipulation, avoiding contested hearings. If both parties agree to modified terms, you can submit a stipulation to the court for approval, saving time and legal fees.
Timing Your Request
File modification requests when you have strong evidence of changed circumstances. Premature or weak modification requests can backfire, establishing a record that circumstances haven't changed significantly enough to warrant modification.
Burden of Proof
The party requesting modification bears the burden of proving both changed circumstances and that modification serves the applicable legal standard (best interests for custody, changed financial circumstances for support). Prepare comprehensive evidence supporting both elements.
Temporary vs. Permanent Orders
In some cases, requesting temporary modification pending a full hearing makes sense—such as when income has dropped precipitously and you cannot pay existing support levels. Courts can issue temporary orders quickly, with a full hearing scheduled later.
Move-Away Modifications
Relocation cases are a specific type of custody modification with unique considerations. When a custodial parent wants to move away with the child, or when a non-custodial parent's move affects visitation, special rules apply.
Custodial Parent Moving
A parent with primary physical custody has a presumptive right to relocate with the child but must provide written notice to the other parent at least 45 days before the move. The other parent can object, triggering a hearing where the court evaluates whether the move serves the child's best interests.
Factors in Move-Away Cases
- The child's interest in stability and continuity
- The distance of the move and impact on the other parent's visitation
- The reasons for the move
- The child's age and ties to the current community
- Whether modified visitation can adequately preserve the non-moving parent's relationship with the child
Move-away cases are among the most difficult and emotionally charged modifications, requiring careful legal strategy and compelling evidence.
Enforcement vs. Modification
It's important to distinguish between enforcing existing orders and modifying them:
When to Seek Enforcement
If the other party is violating the current order, file a contempt motion (Form FL-410) to enforce the order. Courts can impose sanctions including:
- Makeup visitation time
- Attorney's fees and costs
- Fines
- In severe cases, jail time
When to Seek Modification
If the current order isn't working due to changed circumstances (not just violations), seek modification. Sometimes repeated violations indicate the order needs to be modified rather than just enforced.
You can pursue both remedies simultaneously—seeking enforcement of the current order while also requesting modification based on changed circumstances.
Frequently Asked Questions About Order Modifications
What is a modification of family court orders?
A modification is a legal process to change existing family court orders when circumstances have significantly changed since the original order. Courts can modify child custody and visitation, child support, and spousal support orders. Property division generally cannot be modified after divorce is finalized.
What qualifies as a significant change in circumstances for custody modification?
Significant changes include: a parent's relocation, evidence of abuse or neglect, substance abuse issues, a parent's incarceration or illness, significant work schedule changes, the child's changing needs, a parent's remarriage creating a detrimental environment, or persistent violation of existing orders. Minor inconveniences typically don't justify modification.
How do I request a modification of child support?
File Form FL-300 (Request for Order) along with Form FL-150 (Income and Expense Declaration) and supporting financial documents. Demonstrate material changes such as significant income changes, custody schedule changes, new children, or changes in expenses. Modifications typically take effect from the date of filing, not retroactively.
Can spousal support orders be modified in California?
It depends. Courts can modify temporary spousal support. Post-divorce support can be modified unless the parties explicitly agreed it's non-modifiable or the court order prohibits modification. If modifiable, either party can request changes based on material changes in circumstances like income changes, job loss, illness, remarriage, or cohabitation.
How long does a modification case take in San Bernardino County?
Uncontested modifications can be resolved in 6-10 weeks. Contested modifications requiring hearings typically take 2-4 months, depending on court scheduling. Complex cases may require multiple hearings over 4-6 months. Emergency modifications can be heard on shortened time, potentially within days or weeks.
What evidence do I need to support a modification request?
For custody: documentation of changed circumstances, evidence of the child's current needs, and your ability to meet them. For support: recent pay stubs, tax returns, evidence of job changes, documentation of changed expenses, and updated financial declarations. Declarations should be detailed and focused on changes since the last order.
Can I modify orders if my ex moved to another state?
Yes, but jurisdiction issues can complicate matters. California generally retains jurisdiction over orders it issued as long as one party or the child remains a California resident. The responding party may participate remotely in San Bernardino County proceedings. Interstate enforcement may require registering modified orders in the new state.
What if the other parent violates the current custody order?
File a contempt motion (Form FL-410) to enforce the existing order. Courts can impose sanctions including makeup time, attorney's fees, fines, or jail time. You can also simultaneously file for modification if violations demonstrate the order needs changing. Document all violations meticulously. Do not self-help by withholding custody—seek court intervention.
California Legal Resources
Order Modification Attorney Serving San Bernardino County
We help clients modify custody, support, and visitation orders throughout San Bernardino County, including:
- Victorville Family Law Attorney — Our office is in Victorville
- Hesperia Family Law Attorney
- Apple Valley Family Law Attorney
- San Bernardino Family Law Attorney
Need to Modify a Court Order?
When circumstances have changed significantly, modification may be necessary and appropriate. A Certified Family Law Specialist can evaluate your situation, explain your options, and build a compelling case for modification. Contact us today to discuss your modification matter.