A modification of an existing court order, also known as a post-dissolution proceeding, is any family law matter brought in an effort to change the terms of an entered judgment. In other words, if the courts continue to retain jurisdiction over an issue pertaining to your dissolution, you may be able to seek further judicial intervention. Courts retain permanent jurisdiction over issues such as child support, visitation, and custody. Other issues may remain open to judicial intervention, while some may have their jurisdiction cut-off.
For example, if you’ve already liquidated an asset pursuant to an order, it would be difficult to revisit the issue. Once it’s done, it’s done. Other provisions of your judgment may terminate the court’s jurisdiction to revisit an issue that would otherwise remain open. Generally speaking, if the court retains jurisdiction over an issue, there must be some substantial change in circumstance to argue that previous orders ought to be changed or modified. Regardless of the issue, you should discuss it with one of our attorneys to determine whether or not it can be re-opened by the court.If your situation has changed significantly since your divorce was finalized, either due to a loss of income or a change of location, or if you have discovered that your ex-spouse has received a significant pay-raise and you believe your support payments should be decreased (if you are the payor) or increased (if you are the payee), or if you feel the custody arrangement is not in the best interests of your children, or if assets were omitted from the Orders of Court, the California Family Code allows the court to set aside or modify the judgment