Can I Amend My Divorce for the Court to Reserve Jurisdiction in California?

By Lauren Browne

In California, the court can modify support and custody orders after a divorce decree has been entered if the requesting party can show a material change of circumstances. But a court cannot modify property division orders unless the parties asked in the final judgment for the court to retain jurisdiction for that purpose. In most cases, the court will also refuse to modify a spousal support waiver after the divorce is final.

In California, the court can modify support and custody orders after a divorce decree has been entered if the requesting party can show a material change of circumstances. But a court cannot modify property division orders unless the parties asked in the final judgment for the court to retain jurisdiction for that purpose. In most cases, the court will also refuse to modify a spousal support waiver after the divorce is final.

Modification of Child Custody and Child Support

In California, the divorce court will automatically retain jurisdiction over child support or child custody orders until they can no longer be enforced -- usually until the child is 18 if she's graduated high school, or 19 if she's still a high school student. If you and the other parent agree in your divorce order to pay support until your child graduates college, the court can modify that order as well. But if you want the court to change the custody or support order, you must show a material change of circumstances. For example, maybe one of you has gotten a big promotion or has lost a job.

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Modification of Spousal Support

In the case of spousal support, the court will retain jurisdiction to modify or terminate a support order until the time the judgment specifies. For example, if your judgment says you will pay your ex-spouse $500 a month for five years, the court will retain its power to change the order for a period of five years. As with child support, to modify the spousal support order during those five years, you must show a material change of circumstances. It is typical in California divorce judgments for both parties to waive spousal support altogether. If your judgment contains an express waiver of support, the court cannot modify that at a later date.

Modification of Property Orders

Generally, the court will not modify a property order after a judgment is entered, but it still has the power to enforce the order. For example, if your ex-spouse won't transfer the house to you as agreed, you may need to go back to court for a court order for her to do so. The court also has the power to modify a property judgment if one party lied to or defrauded the other party, such as hiding assets. If you find out a year after your judgment that your ex-husband hid two pensions from you during the divorce proceedings, you can ask the court to modify the property division to award the pensions to you.

How to Amend Your Judgment

If you find yourself in a situation where you need to ask the court to modify the terms of your divorce judgment, you have two options. You could simply ask your ex to agree to the modification, but if he will not agree to your request, you can file a post-judgment motion asking the court for an order to modify the terms. You file a motion detailing your change of circumstances, and the court will hold a hearing on your request that it will either grant or deny.

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How to Modify Child Support Payments in Indiana

References

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Changing Divorce Decrees in Minnesota

A Minnesota divorce becomes final when the divorce decree is signed by a judge, entered into the court record and 60 days have passed without an appeal. However, the divorce decree — including child custody and spousal support — can be modified after the decree is final, with the original court retaining authority to reopen the decree. Modifications, for any reason, require filing motions with the court and your ex-spouse will have an opportunity to respond by filing his own court motions on the issue.

Can Child Support Go Up When a Spouse Makes More Money in California?

Child support orders are not permanent, but instead adaptable to particular changes of circumstance. In California, the modification process begins with a petition to the court and the judge will look to whether a material change in circumstances has occurred, with enhanced wealth typically qualifying as such a change. However, it is important to understand that increased income is only one factor of many the court will take into consideration when determining whether or not to increase support.

What If a Child Custody Decision Has Been Made But Changes Occur?

It's not a foregone conclusion that parents move into separate households the minute they decide to divorce; many remain in the marital home together. If you decide to part ways, custody and visitation can become an issue long before your divorce is final. You generally cannot take your children and leave without a court order giving you permission to do so, but you can reach an arrangement by consent or the court can issue one after a hearing. Either way, if your situation changes after the order is in place, you have a few options for modifying it.

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