Post-Judgment Modification and Enforcement of Orders in California Family Law
At Naimish & Lewis, APC, our dedicated family law advocates in San Diego are here to guide you through the complexities of post-judgment modifications and enforcement of orders.
Modification of Family Court Orders
Some Family court orders might be modified as circumstances change over time. These modifications may occur before or after the court issues a final judgment. Common orders that may require modification include spousal support, child support, and child custody and visitation.
- Spousal support: Changes in financial circumstances can necessitate modifications, but limitations may apply based on the order type and language.
- Child support: Modification is influenced by the percentage of time each parent spends with the child(ren) and changes in financial situations.
- Child custody and visitation: Modifications become necessary as children grow, life milestones impact schedules, and work and family dynamics change, as well as many other changes.
It’s important to note that not every change automatically warrants a modification. Seeking legal advice is crucial to determine if filing for a modification is likely to result in a new court order and to understand the potential financial consequences.
Enforcement of Family Court Orders
In addition to considering modification, parties may need to seek court intervention to enforce orders when one party fails to comply.
The court exercises discretion in choosing the appropriate enforcement remedy based on individual case circumstances. If successful in an enforcement proceeding, the court may require the non-compliant party to pay attorney’s fees, costs, or sanctions.
To determine if an enforcement action is necessary and which enforcement remedies should be pursued, it’s advisable to consult a family attorney.
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