In family law there are four main types of orders that sometimes need to be modified: child support, child custody, child visitation, and spousal support.

The court usually has jurisdiction to modify child custody, support and visitation orders well into the future. The court may also have the required jurisdiction to modify spousal support orders unless the parties have stipulated to a non-modifiable order, or if the court has terminated its own jurisdiction.

Absent this type of restriction on the court's jurisdiction, either party may seek to modify an existing order by demonstrating a change in circumstances has occurred.

Under California law the parties may not make a child support, child custody or child visitation order non-modifiable. A party who wishes to modify an existing court order must prove to the court there has been a "material change in circumstances" since the time the order was entered.

With spousal support increases, this usually requires a showing the current amount is insufficient, and some change in circumstances justifies an increase in the support originally granted. If a party is seeking to decrease the amount of spousal support paid, they generally must prove either a diminished capacity to pay or a decrease in need on behalf of the supported spouse.

The same "material change in circumstances" standard applies to modification of child custody and visitation orders. While the law does not specifically define what circumstances will qualify, common examples of changed circumstances include: a child voluntarily moving from one parent's home to another, a geographical move by a custodial parent, child abuse, and frustration of visitation rights by one parent.

When it is a child support order needing to be modified, typical changes in circumstances include: change in income, changing needs of the child, and the age of the child creating new expenses. It should also be noted if child support was stipulated to, and the level of support is below the current California guideline amount, no change in circumstances is required to get the order modified.

If you wish to pursue modification of an existing court order, your attorney will need to know the date the original order was filed, the county where it was filed, and the specifics of the order itself.

Finally, and most importantly, you must obtain a copy of any existing orders so your attorney will be fully prepared to help you get a modification of order.