California Family Code 215

California Family Code 215 Attorney

California Family Code Section 215 outlines how notices and papers must be served on parties involved in a modification of child custody, support, or visitation.

Most family court orders are not set in stone. The court understands that circumstances change. Court orders like child custody, visitation, or child support are made to serve the interests of your child or children and the rest of your family. However, those needs and interests can change. Children grow up, parents have changes in income, and all parties can have different financial needs.

Certain family court orders can be modified under specific conditions. For court orders involving children, the court presumes that stability is in a child’s interest. To modify these court orders, parents may need to show a substantial change in circumstances or proof that the change is to their child’s benefit.

Parents who are looking to modify court orders need legal representation. When you work with an attorney, your petition for modification has a better chance of succeeding. At Quinn & Dworakowski, LLP, we have represented families in mediation and during hearings. Both founding partners are Certified Family Law Specialists certified by the California Board of Legal Specialization. We know how circumstances can change and may require a different custody or support order. Let us help you advocate for your family’s interests in a hearing or draft an agreement with your co-parent.

Understanding Modifications to Orders

In California, either parent can request a modification of custody, visitation, or support orders for their children. If parents both agree on a modification, then they can create an agreement together. This agreement is then submitted to the court. The judge assigned to the case determines if the order is fair and in the child’s interests and signs it into the new order.

If parents don’t agree on an order modification, then the parent proposing the change must file a petition for modification with the court. To modify visitation orders, a parent must show that the changes are in the child’s interests. For custody or child support modifications, the petitioning parent must show that there has been a substantial change in circumstances that requires the modification.

A change in circumstances for a custody order may include:

• A custodial parent is unable to care for a child and their basic needs.
• A parent is married, remarried, or lives with a new partner.
• The child is living in an unsafe home environment.
• A parent is suffering from frequent and continued substance misuse.
• A custodial parent is relocating.
• The child is older and has different wishes for custody.

A change in circumstances for a modification of a child support order may include:

• There is a significant change in the income or assets of either parent.
• There is a change in the custody order.
• The amount of time a child spends with each parent has changed.
• Either parent has lost a job, retired, or is unable to work.
• A parent has been incarcerated.
• The child’s needs and living expenses have changed.

Whether these changes are considered significant is up to the judge’s discretion. This is why an attorney’s assistance is invaluable in arguing for a modification.

California Family Code 215

Family Code Section 215 explains that, for these post-judgment modifications to be legally valid, the petitioning party must personally serve their co-parent papers. Under Family Code 215(a), this means that the petitioning parent cannot serve a record of notice to the other party’s attorney — service on the attorney of record is explicitly not sufficient. They can personally serve the papers in one of the following ways:

• In person
• First-class mail or airmail
• Prepaid postage
• Proof of service is required by the court. If papers are not served to the other party this way, any modifications made are not legally valid.
• There is an exception to this requirement. If a final judgment has not been made by the court on the initial custody, visitation, or support orders, then notice can be given to their attorney or directly to the party.

Once one of the parties has been served, they may enter modification mediation with their respective attorneys. This can save both parties legal costs rather than going through litigation. However, if mediation is not possible, the judge will hear each party’s wishes and reasons.

Address Verification and the FL-334 Form

When a post-judgment modification motion is served by first-class mail under Family Code 215(b), the proof of service must include address verification. This is a requirement added by AB 1735, which amended Section 215 effective January 1, 2017.

Address verification confirms that the address used for mailing is the other party’s current address. The Judicial Council of California created form FL-334 specifically for this purpose. You can attach it to your proof of service to show the court how you confirmed the mailing address, for example, by checking a government database, reviewing recent court filings, or verifying directly with the other party.

If you mail service papers without attaching the required address verification, your service may be challenged as defective and the modification could be invalidated. If the other party’s county has an open child support case with the Department of Child Support Services (DCSS), that agency must also be served.

FAQs

Q: Can Child Support Be Modified Without Going to Court in California?

A: Yes, child support can be modified without going to court. If you and your co-parent can agree on a change to child support, you can create an agreement. This agreement can then be entered into court for a judge’s approval. As long as the change is in the child’s interests, and does not seem unfair to either parent, the judge is likely to approve it. It will then become a court order.

Q: How Do I Win a Child Support Modification Case in California?

A: A child support order modification can be made if the judge believes your change in circumstances to be significant. This may include a change in income, employment, or a child’s financial needs. Whether this change is significant is up to the judge’s discretion. The most effective way to show a judge that the change is significant is to work with an experienced attorney. They can advocate for your needs and those of your child.

Q: Does Child Support Increase If Salary Increases in California?

A: If the parent paying for support has an increase in income, support payments could increase. If the parent receiving support has an increase, payments could decrease. Child support in California is calculated in part by the income of both parents. For this reason, if the income of either parent changes significantly, child support could be modified. A parent must file for modification, or both parents can work together on an agreement for modification.

Q: What Is Section 215 of the California Family Code?

A: California’s Family Code Section 215 refers to a modification of child custody, visitation, and child support. If these modifications are made post-judgment, the petitioning parent must personally serve the other parent’s papers. If a parent fails to serve the papers and provide the court proof of service, any changes are legally invalid.

Q: What Happens If Papers Are Served Incorrectly Under Family Code 215?

A: If papers are not properly served under Family Code 215  the modification order can be challenged and declared legally invalid. Courts have set aside post-judgment orders specifically because service did not comply with Section 215. This is why serving papers correctly the first time matters as much as filing them correctly.

Q: Does the Department of Child Support Services Need to Be Served?

A: Yes, in some cases. If the county’s Department of Child Support Services (DCSS) has an open case involving child support for the child, DCSS must be served with the post-judgment modification paperwork. Failing to serve DCSS when required can result in procedural delays or an invalid order.

Modifications to Child Support and Parenting Plans

Contact Quinn & Dworakowski, LLP for legal support during court order modifications. We can help you determine how family law will impact your family’s unique needs.