Helping You With Modification of Orders in Santa Barbara & Santa Maria
Life is unpredictable; retain a skilled attorney to file a motion to modify your family law order
Family law cases conclude with an order from the court establishing the ongoing rules for the parties involved. The order specifies the amount of spousal and/or child support, custody, visitation rights, and perhaps additional conditions. Over time, circumstances often change and the parties need to modify the order.
When can you modify a court order?
After a reasonable amount of time, either party may file a motion to modify a court order if the circumstances have changed. Some of the common reasons to modify an order include the following:
- Modifying spousal support
- Increasing or reducing child support
- Increasing visitation rights or changing child custody
- Terminating child support when the child graduates from high school
- Terminating spousal support when the spouse remarries
A Santa Barbara lawyer with the experience of Glenn L. Robertson helps clients obtain the best results when seeking modification of orders.
What is the process for modifying a court order?
To modify a court order, a party must file a motion to modify the order. In Santa Barbara County, there is a simplified form FL-390 Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal or Family Support (“Notice of Motion”). This form is available on the Santa Barbara Superior Court website. If you do it yourself without a family law attorney, you will have three additional forms to submit at the same time you file your motion.
One of the forms you must submit with your motion is a Financial Statement or Income and Expense Declaration. You must also attach copies of your most recent W-2 forms and three most recent paycheck stubs. Before you file your Notice of Motion, you must schedule a hearing date with your court clerk’s office. Once you have a hearing date, you enter the date on the Notice of Motion form. You then serve the Notice of Motion on the agency that has jurisdiction over your case and on the other party. Service must be done properly or it is invalid. Only after you have completed all these steps can you actually file your Notice of Motion. Depending upon whether you have filed other papers in the case, you might have to take additional steps at the same time.
Sounds complicated, right? Let our legal team handle the modification of order for you
Your time is valuable; contact Glenn L. Robertson, a certified family law specialist online or by phone at 805-963-3535 to handle your family law matter. He serves Santa Maria, Lompoc, Carpinteria, Ventura, Summerland and all communities in Santa Barbara and Ventura counties.