During the course of a case, the court may make temporary orders based on the parties’ position at a fixed point in time. There are many circumstances where the temporary order ceases to be equitable for one or both parties. A court will grant a modification motion when the petitioning party shows a significant change in circumstances. This could include:
- Income changes
- A change in a child or parent’s schedules
- A need for a parent to relocate
- Remarriage or other circumstances making spousal support inequitable
If you are affected by these or other circumstances, you may file a motion with the court. The court will take into account what you say, any opposing arguments by your spouse, and the length of time since the previous court order was issued. If the case does go to a hearing, you will be required to present evidence proving there has been a change in circumstances including sworn testimony and supporting documents.
If you and your spouse are in full agreement on all issues, you can generally bypass this process and file your agreement with the court. However, you should still have an attorney review the agreement to protect your legal rights and understand any obligations that may arise.
To get help with a contested or uncontested modification motion in Alameda County, Dublin, California, or the surrounding Bay Area counties, contact Seo Family Law today.