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Modification & Enforcement

California attorney preparing court order modification

After a court issues a family law order in California—such as custody, visitation, support, or other family-related matters—the case may not be over. Court orders often need enforcement or may require modification due to changed circumstances.

This page complements our child custody, visitation, child support, and spousal support resources by explaining how to adjust or enforce the orders that stem from those topics.

Contempt of Court

A common way to enforce a court order is through a contempt of court proceeding, in which the person who violated the order must explain their noncompliance to the court. In these actions, the party alleging contempt (the petitioner) asks the court to find that the other party willfully disobeyed a lawful court order.

To Prove Contempt of Court

The petitioner must show that:

  • A valid, lawful court order exists.
  • The accused party knew of the order.
  • The accused party willfully violated the order.

Because contempt of court can lead to incarceration or fines, it has quasi-criminal implications. Therefore, the accused party is entitled to due process protections, including:

  • Notice of the alleged violations.
  • The right to a hearing.
  • The opportunity to present evidence and call witnesses.
  • The right to counsel in proceedings where incarceration is possible.

Types of Actions That Can Lead to Contempt

Contempt can arise from various violations of family law orders. California law generally imposes the following statute of limitations for filing contempt actions:

  • Three years for contempt involving unpaid child support, spousal support, or family support (Cal. Code Civ. Proc. § 1218.5).
  • Two years for contempt involving other types of family court orders (Cal. Code Civ. Proc. § 1218).

Failure to Pay Child Support or Spousal Support

A contempt action may be filed if a party willfully fails to pay court-ordered child or spousal support, even if they made partial or late payments.

Review your obligations on the child support and spousal support pages before filing or defending a contempt action.

Failure to Pay Attorney's Fees or Court Costs

Contempt may also be appropriate when a person fails to pay attorney's fees or court-ordered costs.

Violating Child Custody or Visitation Orders

Willfully violating parenting time, failing to return a child as ordered, or ignoring other custody or visitation terms can lead to contempt findings.

For parenting plan fundamentals, revisit the custody and visitation pages before pursuing enforcement.

Other Violations of Court Orders

Contempt may apply to any clear, specific, and lawful order that is willfully violated—for example, refusing to seek work when ordered to, violating restraining or protective orders, or failing to comply with financial instructions such as selling property or providing financial disclosures.

Third-Party Noncompliance

In some cases, a third party such as an employer can face contempt if they refuse to honor a valid income withholding order for child support.

Penalties for Contempt of Court

If the court finds a person in contempt, it may impose sanctions under California Code of Civil Procedure § 1218:

  • First finding: Up to 120 hours in jail and/or 120 hours of community service.
  • Second finding: Up to 120 hours of jail time and/or community service per count.
  • Third or subsequent findings: Up to 240 hours of jail time and/or 240 hours of community service per count.
  • The court may also impose monetary fines and order the contemnor to pay the other party's attorney's fees and costs.

Criminal Acts Beyond Contempt

Some violations—such as a parent refusing to return a child or abducting a child—may constitute criminal offenses under Penal Code § 278.5. These cases are typically handled by law enforcement or a District Attorney's Child Abduction and Recovery Unit.

Preventing Enforcement Problems

To minimize disputes, court orders should clearly define the parties' responsibilities, including parenting schedules, holidays, and vacation periods. Orders made through mediation or stipulation should be filed with the court to ensure enforceability. Our mediation resource explains how to prepare for those sessions.

Always keep a signed copy of the court order. If other individuals assist with child exchanges, they should have a copy as well. Any agreed-upon changes to an existing order must be formalized by submitting a joint motion or stipulation and order for court approval.

Modification of Court Orders

Court orders must be followed until formally modified by the court. However, most family court orders—particularly those involving custody, visitation, and support—are modifiable when circumstances change.

Reasons to Modify a Family Court Order

Common reasons include:

  • Both parents agree to a new parenting schedule.
  • A parent relocates or plans to move.
  • Income changes for one or both parties.
  • The child's needs evolve as they grow older.

For financial adjustments, revisit the child support and spousal support pages to gather the documentation judges expect.

The requesting party must show a material change in circumstances since the existing order—especially in custody and visitation matters—or the court must find that modification serves the child's best interests (Fam. Code §§ 3087, 3011).

How to Request a Modification

To modify an existing order:

  1. Complete the required forms, typically starting with FL-300 (Request for Order), and file them in the same court that issued the original order.
  2. The court may schedule mediation or child custody recommending counseling (depending on county rules).
  3. The court will set a hearing date, and the other party must be properly served with notice of the motion.
  4. At the hearing, both parties may testify, present evidence, and call witnesses.
  5. The judge will issue a new order if modification is granted.

Property or business valuations affected by the change should align with the records discussed in our property division guide.

Modifying Support Orders

Either party may request to modify child or spousal support due to significant income or custody changes. Support modifications generally apply prospectively only (Family Code § 3651) and cannot be retroactive except under limited circumstances.

Legal Assistance

A qualified family law attorney can help evaluate whether a contempt or modification motion is appropriate, ensure that procedures are followed, and represent clients effectively in court.

Update orders to fit your family’s needs

Speak with our team about modifying support, custody, or visitation orders—or enforcing compliance when the other party refuses.

Schedule a Strategy Session

Modification & Enforcement FAQs

Contempt occurs when someone willfully disobeys a valid, specific court order—such as failing to pay support or violating a custody schedule. Judges can respond with fines, community service, or even jail time.

You have three years to pursue contempt for unpaid child, spousal, or family support, and two years for other orders—such as custody or visitation—under California law.

Penalties escalate with repeated violations. A first offense can lead to up to 120 hours of jail time or community service. Third or later offenses can reach 240 hours. Judges may also levy fines and order the violator to pay the other party’s attorney fees.

Yes. Some violations—such as refusing to return a child—can trigger criminal charges, including parental child abduction under Penal Code Section 278.5.

Yes. Courts may modify custody or visitation when there is a material change in circumstances and the modification benefits the child’s best interests. Minor disagreements or routine conflicts are usually insufficient.

Examples include a parent’s relocation, major income or employment changes, evolving needs as the child grows, or ongoing interference with parenting time.

File a Request for Order (Form FL-300) in the same court that issued the current order and ensure the other party is properly served. The court will schedule mediation or a hearing before issuing a decision.

No. Parents can stipulate to changes and submit them for approval, but either party can ask the court to modify orders if they cannot agree.

No. You must continue paying until the court approves a new order. Support is not automatically reduced; any change applies prospectively from the date you file your modification request.

You can seek enforcement through a Request for Order or contempt proceeding. Judges may award makeup time, adjust custody, or impose sanctions to ensure compliance.

Legal representation is not required but strongly recommended. Contempt proceedings have strict procedural rules, and persuasive evidence is necessary to modify existing orders.

Most contempt actions use Form FL-410 (Order to Show Cause and Affidavit for Contempt) along with Form FL-411 or FL-412 as supporting affidavits. Proper filing and service are essential.

Yes. Employers who willfully ignore income withholding orders can be held in contempt and face penalties.

Yes. Temporary or interim orders can be changed based solely on the child’s best interests. Final or permanent orders typically demand proof of a substantial change in circumstances.

Keep copies of all court orders, follow them precisely, document custody exchanges, submit stipulations to the court, and seek legal advice promptly when circumstances change.