Manhattan Beach | Irvine | Los Angeles | Riverside | Child Custody | Child Support

Practice Areas
California Post Judgment Enforcement / Modifications

Enforcement Action | Modification Action | Post Judgment Enforcement | Post Judgment Modifications | Wage Assignment | Child Custody | Child Support | Spousal Support

There are two main instances when post-Judgment action is necessary:  (1) when a party is violating a prior court order and an enforcement action needs to be filed; and (2) when a parent’s circumstances have changed significantly requiring modification of child custody, child support, or spousal support orders.  Modifications are granted only if it can be shown that there has been a substantial change in circumstances to warrant the modification.

Enforcement Action:
If the other party is not following orders, you have the ability to have a court enforce the orders.  Available enforcement options include filing a Wage Assignment for payment of support, filing a Motion to enforce specific terms of an order, and filing a Contempt action (which is a quasi-criminal action) which could result in monetary sanctions as well as possible jail time.

Modification Action:
If circumstances have significantly changed for you or the other party from the time of the original custody or support order, the order may be modified by filing a post-Judgment motion.  A support modification action may be appropriate under the following circumstances:

  • - You are earning less income.
  • - You lost your job.
  • - You are about to retire or have retired.
  • - The other party’s income has increased.
  • - The other party is cohabitating.
  • - Your timeshare with your child(ren) has gone up
  • - You have one or more new children, not including step-children.

Please be aware that a court order is required to modify support.  The court will not uphold a verbal agreement, exposing you to liability for back support as well as interest when your ex-spouse reneges on the verbal agreement.

A custody modification action may be appropriate for the following reasons:

  • - A child’s preference to modify the custody arrangement.
  • - A parent seeks to move away with the child(ren)
  • - A child is doing poorly, having emotional or substance abuse issues, due to actions by the other parent.
  • - A change in a parent’s availability to visit with the child(ren) due to work schedule change or moving closer to the other parent.

  • Would you like to contact us to find out more information? Click here.