Can I modify child support or custody orders after the divorce in California?
Michael Gower
California managing attorney at Marble Law
Key Takeaways
- Custody can be modified if there’s been a change in circumstances from when the original order was issued.
- There are a number of factors that qualify as a change in circumstance, including but not limited to a change in the child’s needs or in a parent’s income, residence, health, or parenting ability.
Yes, child custody and child support can be modified after a divorce in California. But only if there’s been a change in circumstances from when the original order was issued. Understanding the process and the factors considered for modification can empower you to ensure your children's needs are met as circumstances change.
What are grounds for modification?
Some examples of potential grounds to modify child custody and child support orders in California include:
- Income: A significant and sustained increase or decrease in either parent's income. For example, a parent experiencing a job loss or a substantial promotion.
- Child’s needs: As children grow older, their needs for healthcare, education and extracurricular activities may evolve and justify adjustments to child support or custody arrangements.
- Residence: If a parent relocates for work or other reasons, it may significantly impact the existing custody schedule and necessitate modifications to visitation arrangements or even physical custody.
- Parental health: A parent's deteriorating health or a child's developing medical condition.
- Parenting ability: If a parent's behavior or ability to care for the child raises concerns, modifications might be necessary to protect the child's safety.
This list isn’t exhaustive. Other substantial changes in circumstances might also be considered by the court.
How do I modify child custody orders?
If you believe a substantial change in circumstances justifies a modification of your child support or custody order, you need to file a motion with the court.
This motion formally requests the court that review the existing order and consider adjustments. A qualified family law attorney can help you understand the specific requirements for filing a motion in your jurisdiction. Firms like Marble, that work on a limited scope, pay-per-step model, can also help you with this.
You may need to provide evidence to prove that you meet the grounds for modification. Some examples of what that evidence may be include:
- Paystubs: Documentation of income changes for either parent.
- Medical records: Evidence of a child's changing medical needs or a parent's health concerns.
- School records: Supporting documents regarding the child's educational needs and extracurricular activities.
- Affidavits: Statements from witnesses or daycare providers attesting to changes in circumstances.
Your attorney can advise on the most effective way to gather and present evidence to support your request for modification.
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Do I need to go to court to modify custody?
While litigation might be necessary in some cases, California encourages exploring mediation as an alternative dispute resolution method for child support and custody modifications. Mediation involves a neutral third party facilitating communication and negotiation between parents so they can reach an agreement on modifications outside of court. This approach can be less adversarial, more cost-effective and potentially lead to a faster resolution.
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