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California Modification of Judgments FAQ's

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By Glen L. Rabenn

Published:  July 17, 2004

1) What grounds have to be shown to get a child or spousal support order modified?
In order for a court to modify an existing child or spousal support order, the court must find that there has been a change of circumstances since the last order was made. The most common change of circumstances is an increase in the income of the paying party, which usually results in an increase in the support order.

One exception is the case where the parent having custody of the minor children agrees to receive less child support that is indicated under the Minimum Child Support Guideline. When this happens, the custodial parent can later petition the court for a hi gher child support order, even if there is no evidence of that the other parent's income is greater.

2) I don't like what the judge did in dividing up our community property? How can I get the judge's decision modified?
The portions of a judgment that divide the community property cannot be modified. If you are dissatisfied with the judge's decision, you may want to consider filing an appeal.

Last modified:  March 16, 2005 - 03:16 PM


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