Carlsbad Family Law Attorneys
Modification of Custody & Support Compassionate in Our Approach, Decisive in Our Strategy

Modification of Custody & Support Court Orders

Griffith, Young & Lass: Carlsbad Modification Lawyers

So, you survived the emotional and complex process of completing your divorce case. You have final orders on all issues—some issues settled, perhaps some issues were decided by the judge, but you got through it and you have a divorce judgment in your hands. You’re done with family court, right? Not necessarily. The family court retains jurisdiction over many of the issues related to your recently dissolved martial relationship and may need to be called upon in the future if a modification to your existing divorce judgment is needed.

You can seek modification of a child custody and visitation order at any time. If that’s something you’d like to do now, contact us at GYL for help. Call (858) 371-5569 or submit an online contact form.

What Can Be Modified in a Court-Ordered Divorce Judgement

After a divorce has been finalized, either party can request that the family court make additional orders on the following issues:

  • Modification of child support and additional orders related to the support of children, such as payment of medical expenses, school-related expenses, childcare and extracurricular expenses
  • Modification or termination of spousal support
  • Modification of child custody and child visitation orders
  • Division of property or debts not divided during the divorce
  • Sanctions for bad faith behavior during the divorce, such as failure to disclose assets
  • Contempt of court for willful violations of prior known orders
  • Domestic Violence Restraining Orders
  • Request to vacate (throw out) the entire final settlement or court ruling for good cause

Many of these “post-judgment motions” require that a certain threshold be met prior to the family court considering the request. For instance, prior to a motion to modify child custody being heard, the party requesting the modification must demonstrate that there has been a significant change in circumstances relevant to the issue of child custody that would warrant a modification to the prior order. This change in circumstances could be directly or indirectly related to the child so long as the change in circumstance could potentially influence the Court to change the co-parenting plan. Some examples might be: a change to a parent’s work schedule, the child moving from pre-school or daycare to parochial school, or, unfortunately in some cases, one parent’s involvement in an illegal activity or abuse of drugs or alcohol.

Modification of Spousal Support and Child Support Orders

Post-judgment motions related to spousal support and child support orders are especially important to understand—particularly for the party paying the support. There are legal limitations regarding the modification of child and spousal support orders that allow the family court to modify a support order only back to the date that a request to modify is filed. The old order, which, if you lost your job you can no longer afford to pay, continues to accrue whether you can afford to pay it or not.

The only current exception to this rule is in the case of incarceration. An incarcerated obligor of a support order may obtain relief from an order for child support dating back to the date of incarceration so long as he or she does not have an alternate source of funds from which to pay child support.

Modification of Child Custody Orders

Once a permanent order for child custody and visitation is made by a family court judge, that order is generally only modifiable in the future if there has been a significant change in circumstances since the order was made. A change in circumstances would be anything that could potentially have an effect on the current co-parenting plan. It could be that the non-custodial parent’s work schedule has changed to allow for more frequent visits. It could be that the child has graduated from grade school to high school and his or her level of maturity or connection with one parent or the other has changed.

Many facts and situations can arise that may or may not be considered by the court as a material and significant change in circumstances. Generally, so long as it has been a significant period of time since the last orders were made, the court will allow for the motion to modify to proceed. The focus is always going to be to ensure that any orders made are in the best interests of the children.

For Help Modifying a Court Order in Carlsbad, Contact GYL

If you have been served with a post-judgment motion or wish to evaluate whether or not you should file a post-judgment motion, it is important that you talk to a qualified attorney as soon as possible. At GYL, we have assembled a team of talented attorneys who have the skills and expertise to handle family law-related cases of every nature, including those involving post-judgement modifications. If your court order is no longer working for you, we want to help you modify it in a way that does.

Contact our Carlsbad modification attorneys at (858) 371-5569 or online for more information about your options for post-judgement modification.

Meet Our Team 

Honest. Fearless. Bold.
  • John N. Griffith, Esq., CFLS
  • Catie E. Young, Esq., CFLS
  • Amy J. Lass, Esq., CFLS
  • Shirin Asgari, Esq.
  • Eric Cowdery, Esq.
  • Jeffrey Wittliff, Esq.
  • Joshua Yee, Esq.
  • Shaudi Malekzadeh, Esq.
  • John N. Griffith, Esq., CFLS John N. Griffith, Esq., CFLS

    Partner

    John Griffith has practiced exclusively in the area of family law since 2009. John is a Certified Family Law Specialist certified as an expert in the area of family law by the California Board of Legal Specialization. Prior to opening Griffith, Young & Lass, he worked as the managing partner of one of the largest family law firms in North County San Diego.
    John N. Griffith, Esq., CFLS Photo
  • Catie E. Young, Esq., CFLS Catie E. Young, Esq., CFLS

    Partner

    Catie E. Young excels in child custody cases and move-away trials. She has a unique approach to child custody cases and clients of Griffith, Young & Lass tend to gravitate toward her in these cases. Since joining the firm, she has continuously brought her zeal and compassion to representing clients in child custody and domestic violence cases, and in December 2011, she became a partner at Griffith, Young & Lass.
    Catie E. Young, Esq., CFLS Photo
  • Amy J. Lass, Esq., CFLS Amy J. Lass, Esq., CFLS

    Partner

    Amy Lass, a certified family law specialist, was born in New York and raised in San Diego, California. Amy graduated from Cal Poly, San Luis Obispo in 2003 with a B.S. in Economics with a concentration in Enterprise Accounting. Amy went on to earn her law degree from Thomas Jefferson School of Law and graduated cum laude in 2006.
    Amy J. Lass, Esq., CFLS Photo
  • Shirin Asgari, Esq. Shirin Asgari, Esq.

    Associate

    Attorney Shirin Asgari has a broad spectrum of legal experience and has handled matters in family law, criminal law, business law, and national security law. Currently, she focuses on family law matters and is a strong advocate for the rights of her clients. She dedicates time and attention to the needs of each client and the unique circumstances their case presents.
    Shirin  Asgari, Esq. Photo
  • Eric Cowdery, Esq. Eric Cowdery, Esq.

    Associate

    Eric Cowdery earned his bachelor’s and Master’s degrees before earning his JD from Golden Gate University as part of the Honors Lawyering Program. He was admitted to the California Bar Association in 2013 and has been working diligently in the field ever since. Taking a personalized approach to each case, Eric Cowdery is committed to working with clients to help them through the often confusing and complex legal process of divorce.

    Eric  Cowdery, Esq. Photo
  • Jeffrey Wittliff, Esq. Jeffrey Wittliff, Esq.

    Associate

    Jeffrey Wittliff is extremely attentive to his cases and believes in thorough preparation and the value of regular client communication. Behind the scenes, he has an extensive background in research related to all areas of family law, propounding discovery when necessary, and negotiation to settle cases with opposing parties.
    Jeffrey  Wittliff, Esq. Photo
  • Joshua Yee, Esq. Joshua Yee, Esq.

    Associate

    Attorney Joshua Yeereceived his Bachelor of Arts degree in Political Science, from the University of California, San Diego. Joshua went on to receive his Juris Doctor degree from University of San Francisco. His experience working with a local Certified Family Law Specialist solidified his desire to become a family law attorney. Since becoming an attorney, Josh has exclusively practiced in family law.
    Joshua  Yee, Esq. Photo
  • Shaudi Malekzadeh, Esq. Shaudi Malekzadeh, Esq.

    Associate

    Shaudi Malekzadeh is a Carlsbad family law attorney at Griffith, Young & Lass, advocating for the rights and interests of Southern California families in a variety of family law cases, such as child custody, alimony, spousal support, and the division of community property. She is committed to delivering effective legal representation to our clients, aggressively advocating for their legal rights, and offering compassionate legal advice.
    Shaudi  Malekzadeh, Esq. Photo

Our Results Speak for Themselves

Over 100 5-Star Reviews Throughout Our Social Media Platforms
  • I would highly recommend Griffith, Young & Lass to anyone looking for ethical, honest, hard-working and skillful lawyers.

    “I would highly recommend Griffith, Young & Lass to anyone looking for ethical, honest, hard-working and skillful lawyers (I would stress these are actually rare qualities within the legal industry and ...”

    - Scott G.
  • You cannot find a better law firm.

    “I cannot say enough good things about John Griffith and this law firm. Each person i interacted with was responsive, intelligent, thoughtful and professional. Attorney Griffith worked very hard to ...”

    - Michelle P.
  • It was the best decision I’ve made yet and hopefully, it will be yours too.

    “She doesn’t back down from anyone. It was the best decision I’ve made yet and hopefully, it will be yours too.”

    - Ian R.
  • Understanding, accessible, and I was very happy with the outcome of my case. If I could give a higher rating I would!

    “Easy to work with, forthcoming about the process, set realistic expectations, and always kept cost in mind.”

    - Jennifer P.
  • All three lawyers worked together on the issues surrounding my case, which helped greatly when I was in need of answers or support.

    “The GYL team is always prompt at returning calls & emails. From personal experience, I can tell you that they will not step away from your case until it's finished.”

    - Kelsey L.
  • I couldn’t have made it without them! I highly recommend them!

    “GYL has been an extraordinary support and backing in my divorce. Being a male in the military, the process for divorce and custody is difficult. GYL was extremely helpful, and I was able to full custody of my children. That alone is such a monumental feat.”

    - Frankie S.
  • Worth every penny! My custody case went as stress-free as it could possibly be.

    “I hate seeing anyone go through custody battles but if you’re in that situation and need someone who is trustworthy and great at what they do, then I swear this is the place to get the help!”

    - Emily B.
  • I highly recommend GYL if you are ever in need of a family law attorney.

    “No matter who I corresponded with they were always knowledgeable of my case and quick to respond.”

    - Kimberley F.
  • Highly professional and supportive in a very uncertain time in my life.

    “My clearance was granted without any additional issues. I'd recommend this legal team to any Soldier needing help with their clearance.”

    - K. Brooks
  • Always willing to listen to your concerns. I would highly recommend.

    “Compassionate and kind, however, he will fight for you and your best interests. He is calm and calculated and extremely smart.”

    - Ann M.
  • Extremely helpful, responsive, and reasonable and got the job done amidst tenuous circumstances.

    “She and her team were extremely compassionate, sensitive with me while concurrently advocating strongly on my behalf.”

    - Jeremy R.
  • I felt like she was practical and knowledgeable and most importantly, she listened.

    “The professional and succinct assistance was a much-needed breath of fresh air in the maze of hurdles and complications with our family law case.”

    - David R.
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Why GYL? 

Turn to a Team that Does It Best
  • We're Leaders in Our Field

    From case planning to preparation, to superior courtroom presence, our clients can be sure that they will walk into the Courtroom prepared and with the best chance of success.

  • Client Centered & Results Oriented

    Our representation is tailored to the unique circumstances of each client. We deploy the GYL strategic case trajectory dynamic to ensure the best chance at success at the most reasonable cost. 

  • Brilliant, Hard-Working & Honest

    We don't believe in wasting our client's time and money. Helping people is what drives us to excel at our craft. We first identify the goals and interests of each client, we then develop an efficient and effective case plan aimed at achieving those goals.

  • Responsible & Ethical Practices

    We believe in a responsible and ethical practice and stick to our values regardless of the situation. We're transparent and don't just tell our clients what they want to hear, unless it's what we believe, even if it may deter them from moving forward. We stand by our team's expertise and will always be upfront and honest with our clients. 

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