Believe it or not, couples often change their California divorce settlement agreements post-divorce. If one or both parties have experienced a significant change in circumstances since the final divorce decree, they may need to modify certain provisions of the divorce agreement. At times, a party may take an ex-spouse back to court to modify an agreement. On the other hand, the parties may also agree between themselves to the change.
What Can You Change in a Divorce Settlement Agreement?
Custody, Visitation, and Child Support
If a party has experienced a significant change in circumstances after the court has issued a final divorce decree in California, they may seek to modify certain provisions of the divorce agreement. More specifically, child custody, visitation, and support are three critical issues that can always be modified if the spouse can demonstrate a substantial change in circumstances.
In the event a spouse does not voluntarily agree to changing a divorce settlement agreement, the moving spouse can make a motion to the court. This motion will request that the court change the current custody, visitation, and/or child support order. However, note that the spouse must file this motion with the court that issued the original divorce decree. Next, the motion must be served on the non-moving spouse, who may then file a response and contest the alleged change in circumstances. Finally, the court will review the evidence presented by both parties and make a final ruling. If the court determines that there is sufficient basis for changing the terms of the previous divorce settlement agreement, the judge will make an order doing so. From that point forward, the parties must comply with the new order.
Spousal Support
The modification of a spousal support order depends upon the court’s continued jurisdiction, or ability to make further orders on a particular issue. Oftentimes, spousal support orders include the parties’ agreement to end the court’s jurisdiction after a certain period of time. This is usually a permanent order that totally removes the court’s modification power. Ultimately, spousal support is one issue that parties can elect to completely close.
On the other hand, if the court still has the ability to change the spousal support order, the parties can sign a modified agreement to change the current order. Alternatively, a party can file a motion to request that the court change the order. As with child support, the court will need to determine a significant change in circumstances to make a change.
Things You Cannot Change in a Divorce Settlement Agreement
As mentioned earlier, if an earlier settlement agreement removed the court’s jurisdiction over spousal support, the court will no longer be able to make orders about spousal support. Further, if a party is trying to change child custody, visitation, child support, or spousal support, the court will not make a modification without evidence of a change in circumstances.
That said, certain provisions of the divorce decree cannot be changed after a divorce is finalized. In particular, California courts will not reconsider the original property or debt division. However, the parties can agree between themselves to change the terms of the property or debt division by stipulation and order to modify an earlier judgment.
How to Change a Divorce Settlement Agreement
Change by Appeal
After filing the initial motion and receiving the court’s decision, either spouse can appeal a trial court judge’s decision to a higher court, or appellate court, to change an agreement. However, divorce settlements are rarely overturned on appeal. That said, upon filing an appellate brief, the party who received an unfavorable ruling at the trial court level can argue that the original judge incorrectly applied the law in making their decision. Then, the opposing party can argue in support of the lower court’s ruling. However, the parties may not present new evidence on appeal. Finally, once the appellate court makes its order, it will be binding on both parties.
Depending on the scope of the divorce agreement, there may be provisions that limit each party’s appeal rights. If this is the case, neither party may have standing to file for an appeal.
Change by Stipulation and Order to Modify Judgment
Under certain circumstances, both spouses may mutually agree, or stipulate, to change certain provisions of the divorce agreement. However, they must outline this new agreement in writing and address the change. Then, the parties will submit it to the court for review.
Keep in mind, a stipulation and order to change a judgment typically does not necessitate a court hearing. Once the parties submit the document to the court and the judge approves and signs it, it becomes a court order. After that time, both parties will have to abide by the revised terms of the agreement.
Change Your Divorce Settlement Agreement With A People’s Choice
Contact A People’s Choice for more information about changing a divorce settlement agreement. We can offer you a number of low-cost options to change a divorce agreement. Plus, we can help you prepare a stipulation and order if the parties agree. Alternatively, we can help you prepare and file a motion if the parties are in disagreement. Call us for more information at 800-747-2780 or contact us through our website.
Hi Sandra. I will be turning 60 next year and would like to retire, but I would like to get the current alimony I’m paying to stop once I retire & start receiving my portion of my pension. At that point, my ex-wife would start receiving her portion of the pension as agreed to in the QDRO. My question is: do I have to wait until I have retired to file a stipulation or motion or can an agreement be made/filed ahead of time that states that the alimony amount will be changed/reduced to zero dollars upon my retirement? I am hoping to come to a mutual agreement on changing the terms of the spousal support but not sure if I should start the process with my ex now or wait until I am actually retired, at which point I would still be paying her. We were divorced back in 2018 and since we were married for longer than 10 years, we could not place any terms or limit on the alimony payments, but the agreement does state that it can be changed based on the “action of the court”. Any advice would be much appreciated as I’m planning my retirement and need to know what my expenses are going to be so I have enough saved: the alimony is a big number to factor into that equation. Thanks!
If you guys agree, you can do the documentation and specify the date of implementation at any time. Please give the office a call for further assistance.
Hi Sandra….I signed a Written Stipulation for Judgment, notarized which basically gave away all my rights including a good chunk of equity on a house we purchased back in 2013. Married for more than 10 yrs. Only thing I forgot to give were all the credit card debts. Can I still request an amendment before the judge signs it and finalize? Thank you.
Hello,
If there were mistakes on your dissolution documents and the judge still has not signed anything, you might be able to file an amended document with the court. You should check with the court clerk about what you need to do to file an amended document and any issues that may arise.
My friend entered into a divorce settlement, however, his attorney did not explain it to him, the separate property included as community property. Real Property, even though he has shown his attorney that he was the sole owner of the real estate in question.
There is a recorded document that showed the former wife signed where she states the fact she had no interest in the property, which his former attorney entirely ignored. Can he file a motion to modify settlement or judgment in this regard, due to ineffective counseling and failure to disclose contents of the agreement in his client language (Spanish).
I cannot tell your friend what he should do but there are time limitations within which to try and unwind a judgment. He should reach out to an attorney to get legal advice on this matter as soon as possible.