Modifying Existing Court Orders

After a reasonable amount of time, or if the circumstances in your case have changed since the last order, either party may file a motion to modify a prior court order concerning custody, visitation, or child support.

For example, you may want to consider filing a motion to modify a court order in order to:

• raise or lower child support
• change the residence of a child
• terminate a support order because your child has turned 18, graduated from high school, or has changed residence
• increase or decrease the time a child spends with each parent

If you and the other parent agree you may be able to avoid a court hearing if both parties sign an agreement or stipulation.

If you do not agree with the other party you will need to file a motion to request a hearing on your requested modification, before you can ask the court to change your existing order:

• You must have an existing case in San Mateo County and know your case number.
• You must obtain a copy of your most recent court order

  (You may obtain the above information at the Southern Branch: Hall of Justice and Records Clerk's office, Room A, located at 400 County Center, Redwood City)

You should consult with an attorney for legal advice and strategy. Attorneys are listed in the telephone book. For a small fee, you can also schedule a short consultation with a private attorney by calling the Lawyer Referral Service at (650) 369-4149.

If you cannot afford an attorney or choose to represent yourself, you may pick up blank forms at the Clerk's office. The Family Law Facilitator (650) 363-4590 can review your papers and provide assistance.