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Post-Judgment Modification

POST-JUDGMENT MODIFICATION

Modification of Post-Judgment Orders & Set Aside of Judgment

While the entry of a judgment of dissolution of marriage or a judgment of legal separation finalizes a family law proceeding, that does not necessarily mean that the orders set in place during the proceeding must remain the same when circumstances change. California law allows for post-judgment modification of custody and support orders. Additionally, within certain timeframes, it is possible to have a judgment set aside. Furthermore, if a community property asset is omitted from a prior proceeding, you and your ex-spouse will most often be deemed to continue to own the asset as tenants in common and the court will retain jurisdiction to later divide the asset or award it to one or both parties depending on the circumstances.

There is often a misconception that a change in circumstances is necessary to modify a custody order. While this is true under some limited circumstances, most child custody orders can be modified absent there being any change since the issuance of the previous order.

To learn more about post-judgment modifications, omitted assets, and the possibility of having a judgment set aside, please call (530) 214-8700 today to schedule a consultation. With respect to these items you must act fast or run the risk of losing the ability to request the relief to which you may be entitled.