How to Modify Your Divorce Agreement in San Bernardino County | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Modify Your Divorce Agreement in San Bernardino County

Hi, I’m Tim Blankenship with Divorce661. If your circumstances have changed since your divorce was finalized—whether incomes shifted, custody needs evolved, or support amounts need adjusting—you may be able to modify your divorce agreement in San Bernardino County. Below I’ll walk you through the practical steps, explain the difference between an agreed modification and a court motion, and share how we help clients get changes approved quickly and correctly.

Why you might need a modification

Life doesn’t stop after a divorce. Common reasons people request modifications include:

  • Job loss or a significant change in income
  • Changes in the child’s needs, schooling, or schedule
  • Relocation or new work hours affecting parenting time
  • Changes in health or other long-term circumstances

If your court order no longer reflects your reality, updating it can protect you legally and financially.

Two paths to modify an order: agreed vs. contested

The route you take depends on whether both parties agree to the change.

1. Agreed modification (stipulated agreement)

If you and your ex-spouse are on the same page, a stipulated agreement is the fastest, simplest, and most affordable option. Here’s how it works:

  1. You and the other parent/spouse reach an agreement about the new terms (support amount, custody schedule, etc.).
  2. We draft a stipulated agreement and the necessary court forms that comply with San Bernardino County requirements.
  3. Both parties sign the documents and we file them with the court for the judge’s approval.
  4. No court hearing is typically required—once the judge signs, the modification becomes an enforceable court order.

Because there’s no hearing, this route is quicker and less expensive. I recently helped a San Bernardino client who lost their job and needed a reduction in spousal support. Both parties agreed, so we drafted a new support agreement, filed it, and had it approved without anyone stepping foot in court.

2. Contested modification (Request for Order – RFO)

If you and your ex can’t agree, you’ll need to ask the court to decide. In California that process is called filing a Request for Order (RFO). Key points:

  • An RFO is a formal motion asking the judge to modify an existing order (child support, custody, visitation, spousal support, etc.).
  • You must prepare and file the motion along with supporting documents (income declarations, proof of changed circumstances, parenting plans, and other evidence).
  • Both parties will receive notice and will attend a hearing where each side presents their case.
  • The judge evaluates the evidence and decides whether to grant, deny, or modify the requested relief.

Contested modifications require more time, preparation, and court appearances, so having experienced help can make a big difference.

What we handle for you

At Divorce661 we help with both agreed modifications and contested RFOs. Our services include:

  • Evaluating whether your situation qualifies for a modification
  • Preparing stipulated agreements or formal RFO paperwork
  • Ensuring all documents meet San Bernardino County filing requirements
  • Filing the forms with the court and handling administrative follow-up
  • Preparing you for hearings if an RFO is required

We offer flat-fee services for predictable pricing, and we provide 100% remote services across California so you can handle everything without leaving home.

Practical tips before you start

  • Talk with the other party first—if you can reach an agreement, you’ll save time and money.
  • Document changes in income, employment, medical needs, or child care—evidence strengthens both stipulated agreements and RFOs.
  • Understand that even stipulated agreements must be approved by the court to be enforceable.
  • If you file an RFO, be prepared to attend hearings and present documentation supporting your request.

How to get started

If you need to update your divorce agreement and want it done quickly and correctly, schedule a free consultation with us. We’ll evaluate your situation, explain the best path forward (stipulated agreement or RFO), and handle the paperwork and filings so the process goes as smoothly as possible. Visit Divorce661.com to schedule a free consultation or call our team for next steps.

Final thoughts

Modifications are common and entirely normal—courts expect life to change. The key is choosing the right process for your situation: if both parties agree, a stipulated agreement is the fastest route; if not, an RFO gives the court a chance to decide. Either way, having the right paperwork and guidance saves time, reduces stress, and helps ensure the new order is legally binding.

If you have questions or want help navigating a modification in San Bernardino County, I’m here to help.

Tim Blankenship, Divorce661 — Schedule your free consultation at Divorce661.com

 

How to Modify Your Divorce Agreement in Contra Costa County | Contra Costa Divorce

Posted by Tim Blankenship on

 

How to Modify Your Divorce Agreement in Contra Costa County | Contra Costa Divorce

I’m Tim Blankenship from Divorce661. If your life has changed since your divorce was finalized, your agreement doesn’t have to stay the same. In this article I’ll explain which parts of a divorce are modifiable, how to change them quickly when you and your ex agree, and what to do if you can’t reach an agreement. You’ll also see a real Contra Costa County example of a fast spousal support change and a simple checklist to move forward.

“Just because your divorce is finalized doesn’t mean your agreement is set in stone.”

Which parts of your divorce can be modified?

California law allows modification of orders that are tied to changing circumstances. The most commonly modifiable elements are:

  • Child support — if income, custody time, or child’s needs change.
  • Spousal support (alimony) — if either party has a significant change in income, employment, or financial circumstances.
  • Custody and visitation — when the child’s best interests or living situation change (move, school, health).

Other orders that may be revisited include health insurance arrangements and certain enforcement terms tied to support. The key is a material and substantial change in circumstances.

When should you seek a modification?

Consider a modification when a change creates an unfair or impractical situation under the current order. Common triggers include:

  • Job loss or a major reduction in income
  • A significant pay increase or new employment
  • Relocation that affects custody or visitation
  • Changes in a child’s medical, educational, or developmental needs
  • Long-term disability or retirement

Not every change will qualify. Courts look for substantial, ongoing differences that affect the fairness or feasibility of the existing order.

Quick and easy: modify by agreement (stipulation)

If you and your ex can agree, modifying the order is simple and fast. Here’s how it works:

  • Both parties sign a stipulation outlining the new terms.
  • File the stipulation with the court for approval.
  • Once approved, the stipulation becomes a court order and is enforceable—usually without a hearing.

Real example: A client in Contra Costa County experienced a major income drop. Instead of a contested court battle, we prepared a stipulation to lower spousal support. The court approved it in one week—no hearing required. That’s how straightforward this path can be when both sides cooperate.

If you can’t agree: file a Request for Order (RFO)

When agreement isn’t possible, the next step is to ask the court to decide. This is done by filing a Request for Order (RFO). The process generally includes:

  • Filing and serving the RFO paperwork on the other party.
  • Gathering evidence that shows the change in circumstances (pay stubs, job notices, medical records, school information).
  • Attending a court hearing where both sides present their case.
  • Possibly participating in mediation, which many courts encourage or require before a hearing.

Mediation or legal support can be invaluable in contested matters. A prepared presentation and supporting documents help the judge make a fair decision based on current realities.

How Divorce661 helps

At Divorce661 we handle the paperwork and filing whether your modification is agreed or contested. Our services are designed to be fast, clear, and affordable:

  • Flat-fee pricing—no surprise hourly bills.
  • Preparation and filing of stipulations or Request for Order documents.
  • Guidance through mediation and the court process when needed.
  • Experience with Contra Costa County procedures and timelines.

For a free consultation, visit divorce661.com. We’ll review your situation and recommend the best path—stipulation or RFO—to get your order updated.

Step-by-step checklist to modify your divorce agreement

  1. Identify the change: document the event that justifies modification (job loss, move, child’s needs).
  2. Talk to your ex: see if you can reach an agreement on revised terms.
  3. If agreed, prepare a written stipulation signed by both parties and file it with the court.
  4. If not agreed, collect evidence and file a Request for Order (RFO).
  5. Attend mediation or the court hearing with all supporting documents and a clear, honest explanation of your requested change.
  6. Obtain and keep the court’s signed order—this is the new enforceable agreement.

Conclusion — your agreement can evolve with your life

Life changes—and your divorce orders should reflect your current reality. Whether you and your ex agree or you need the court to step in, modification is possible. If you want help preparing documents, filing them correctly, and keeping the process fast and affordable, Divorce661 can handle it for a flat fee.

Visit divorce661.com for a free consultation and next steps. Let us help you update your divorce terms so they match your life today.

What to Expect in an Alameda County Divorce Hearing | Alameda Divorce

Posted by Tim Blankenship on

 

What to Expect in an Alameda County Divorce Hearing | Alameda Divorce

Hi, I’m Tim Blankenship of Divorce661. If you’ve been scheduled for a divorce hearing in Alameda County, you’re probably wondering what will happen and how to prepare. In this guide I’ll walk you through what typically occurs at these hearings, explain the differences between hearings and trials, share a real client example, and give practical steps to make sure you arrive organized and confident.

Why a hearing might be scheduled

Not every divorce needs a hearing. Many divorces can be completed with paperwork alone. Hearings are usually scheduled when:

  • One party files a Request for Order (RFO) asking the court to decide a specific issue (custody, child support, spousal support, or property disputes).
  • The court needs clarification or additional information before approving a judgment.
  • The parties disagree on an essential term and the judge must make a decision.

What a hearing actually is

These are not full trials, but more like formal check-ins where a judge reviews documents, hears brief arguments, and makes a decision based on the facts.

Most hearings are short and focused on one or two discrete issues. The judge will review submitted paperwork, may ask questions, and listen to brief statements from each side. Expect the proceeding to be structured and time-limited—typically lasting between 15 and 45 minutes depending on the complexity of the matter.

Common topics decided at hearings

  • Parenting time (custody/visitation) and changes to parenting schedules
  • Child support and spousal support orders
  • Temporary orders while the case is pending
  • Property division disputes or requests for clarification

In-person vs. remote (Zoom) hearings

Alameda County still conducts many hearings remotely via Zoom. Whether in person or on Zoom, the procedure is similar:

  • Check in with the clerk in person or follow the Zoom instructions listed on your hearing notice.
  • Be ready to identify yourself and confirm you are prepared to proceed.
  • The judge may call cases in order, ask questions directly, and give each side a chance to explain their position briefly.

How the judge makes a decision

Judges decide based on the paperwork, declarations, any evidence presented, and legal standards for the issue at hand (for example, the best interest of the child in custody matters). Clear, well-organized documents and concise declarations that stick to the facts help the judge evaluate your request quickly.

How to prepare — a practical checklist

Preparation is the key to a smooth hearing. Here’s a checklist I use with clients to make sure nothing is missed:

  • Complete the correct form (Request for Order, responsive declaration, etc.).
  • Prepare a written declaration explaining the facts and what you are asking the court to do.
  • Assemble supporting documents (schedules, communications, financial records, school records, etc.).
  • File your forms with the court by the required deadline.
  • Serve the other party properly and file proof of service.
  • Organize your exhibits and bring a clean copy for the judge and the other party (or upload per court rules for Zoom hearings).
  • Plan a concise statement of the relief you want—practice 1–2 minutes of key points.

Common mistakes to avoid

  • Failing to file or serve documents on time.
  • Submitting incomplete or disorganized declarations.
  • Relying on verbal explanations without supporting evidence.
  • Coming unprepared to explain the specific relief and why it’s justified.

Real client example: parenting schedule changed on the spot

Recently, we helped a client in Alameda who wanted to modify her parenting schedule. We prepared the Request for Order and a focused declaration, organized the supporting documents, and made sure everything was filed and served properly. At the hearing, the judge reviewed her proposal, asked a few clarifying questions, and granted the change immediately. The hearing was brief, but the preparation made the difference.

How Divorce661 helps

We don’t typically provide courtroom representation, but we specialize in preparing clients for hearings. Our services include:

  • Filling out accurate court forms and drafting declarations
  • Organizing evidence and exhibits
  • Filing and serving documents correctly and on time
  • Step-by-step guidance so you know what to say and expect
  • Remote support for clients across California

We offer flat-fee services and a free consultation to help you determine what’s needed for your situation.

What to expect on the day of the hearing

  1. Arrive early (or log into Zoom ahead of the scheduled time).
  2. Have copies of filed documents and your exhibits ready.
  3. Be calm, concise, and respectful—answer the judge’s questions directly.
  4. If the judge requests additional information, follow up promptly.

Final tips

  • Keep declarations factual—avoid emotional or argumentative language.
  • Use documents to support any claims you make to the judge.
  • If you’re unsure which forms you need, get help early—mistakes cost time and can delay relief.

If you have a hearing coming up in Alameda County and want help preparing, visit Divorce661.com to schedule a free consultation. We’ll make sure you walk into the hearing confident, organized, and ready to get the outcome you need so you can move forward.

Request For Order Time Frames For Serving : Valencia Divorce

Posted by Tim Blankenship on

Filing and serving Request For Orders or RFO’s can be confusing.  I have discussed in the past, but since I have just finished up another Request For Order for a client, I thought it was a good time to go over the timeframes for serving them again.

We provide 2 options for preparing your Request For Order:

1. Full Service – We will draft, file and serve your Request For Order

2. Do-it-yourself – We have a online video tutorial with all form and example declarations

The most important thing you have to remember about serving timeframes of Request For Orders is that everything is hinged off of the court date you were given by the court.

I explain the timeframes in this video

 

There are 2 sets of timeframes you can use, whether you are serving it by mail or serving it by personal service. Please note that we are not discussing when you have to serve by personal service or by mail in this article, but to be safe, serve by personal service when in doubt.

Or click here to learn how to serve your Request For Order

Here is the way you figure out the date you have to serve your Request For Order.

Let’s say the court date is on June 30th. Everything will be working backwards of that date, so it will look like this.

17 Court days to serve the Request For Order by personal service
Plus 5 Calendar days if you are serving by mail. Again, there are restrictions on serving by mail so make sure you can serve by mail in your case.

So you will take June 30th and count backwards 17 court days. This means you need to skip over the weekends and any court holidays and make sure you don’t count them. The day you land on, will be the last day to personally serve your Request For Order. If we are using a 2016 calendar, the last day to serve the Request For Order would be June 7th. Again, make sure to check for holidays and to skip the weekends.

Keep in mind that you don’t have to wait until the last minute to serve your Request For Order, you can serve the Request For Order as soon as you have it filed and have a court date. Some people wait until the last minute to serve the Request For Order to be mean and give a shorter period of time for the other party to Respond, but that is up to you.

Make sure that once you serve the Request For Order that you file the proof of service with the court.

At Divorce661, we provide a full service Request For Order solution. We will handle the preparation of the motion, write the declaration, file and get your court date and mediation date as well as have it served on the other party and file the proof of service.

And don’t forget, we  have a do-it-yourself product where we have a video tutorial of how to properly prepare a Request For Order to obtain the best results possible.

Also, if you are looking for help with your divorce, we can help you with your full service approach or you can use our online do-it-yourself divorce service as well.

Santa Clarita Divorce | How To Write A Request For Order

Posted by Tim Blankenship on

First, what is a request for order.  A request for order is the name of a court form that you use when you want to ask the court to make orders, whether it be during your divorce or after it is finished.

I have spoke a lot about these request for orders and we probably handle 10 or so request for orders a month for people who need to get into court for new or modified court orders.

For the purpose of this article, I wanted to address the actual “how to” as far as formatting of your declaration which is the written narrative of what and more importantly, why you are asking for what you want.

I have become very skilled in writing request for orders for people and we have great track record for getting our clients what they want. It is all about how you write it.

My background in writing great declarations for request for orders comes from my almost 15 years as a Police Officer.  When I was a cop I had to write 5 to 10 police reports a day which all have to tell a story and follow certain criteria and most importantly the person I arrested had to be shown to be guilty.  This means we had to prove in the report that the person did all the things it takes to make them guilty of the crime.

Divorce and family law is the same way.  Each law or rule has elements that have to be meet in order for it to work.

Before I get to far into this, I want to advise you on how to structure this and then will give an example from a previous article I wrote so you have a better understanding of what I am talking about.

The first thing you need to do is complete the actual Request For Order Application form FL-300. Think of this as a cover pages (4 pages) which is a court form that has a series of check boxes and places for certain information.

Following the Request For Order Application, you will have to draft a written declaration.  This part is very important because this is your chance to tell the court what and why you want what you want and why the court should agree with you.

So as far as formatting this is what i will tell you. Be clear and concise. And make sure to never put in any drama into the declaration.  Shorter is better and you should include some case law or rules or codes if you have any to support your requests.

I don’t recommend you write your own declarations. I would suggest you hire us to prepare, file and serve your Request For Order and declaration.  The difference between getting what you want and not is in how the declaration is written.

We can help you with your Request for Order and we do a lot of them. Give me a call and we can discuss helping you.

Change Of Venue California Family Law Code Of Civil Procedure 397.5

Posted by Tim Blankenship on

Change Of Venue California Family Law Code Of Civil Procedure 397.5

I am helping a client with their California family law case with a change of venue in Los Angeles Superior Court. Specifically we are talking about a change of venue based upon Family Law Code of Civil Procedure 397.5

Family Law Code of Civil Procedure 397.5 is a pretty specific code section that says;
In any proceeding for dissolution or nullity of marriage or legal separation of the parties under the Family Code, where it appears that both petitioner and respondent have moved from the county rendering the order, the court may, when the ends of justice and the convenience of the parties would be promoted by the change, order that the proceedings be transferred to the county of residence of either party.

This code does not leave much to argue against. It simply says that if both parties have moved from the County that they can make the request under 397.5.

However if you look at the words they chose to use, there is some conditions. First, the language used is “May”.  The Court “May” transfer the if both the petitioner and respondent have moved from the county.

Second, the language says “when the ends of justice and the convenience of the parties would be promoted by the change”.

So here is how I would write the requests for change of venue under 397.5. I would make sure not to take advantage of this section and think it is a done deal just by saying you both live outside the county.  I think you should include things that tell the court how it will be a convenience to the parties involved and to point out how the ends of justice would be met.

For those who are opposing the change of venue under 397.5, i would make sure to point out the opposite, of course, and explain why it is not in the best interest of the parties for the venue to be changed.

Some of these reasons could be that the person changing venue is only a few miles outside of the county and not much closer to the court they are asking it to me changed to.  Another reason would be to say (if it is true) that the only reason the other party is requesting the change is because they don’t like the judge and have been receiving unfavorable results at request for orders.

Again, I am writing an opposition request for order responsive declaration for a hearing coming up in a few weeks. I will write another post which details what the court’s ultimate decision was on this issue.

Already Divorced And Now Need To Modify Judgment

Posted by Tim Blankenship on

When you complete your divorce in California and have your final judgment, there may come a time when you need to make modifications to your judgment.  This may be to modify things such as child support, child custody or spousal support which are the most frequently changed things.

Watch this short video where i explain how to divorce motions after your divorce is finalized.



This can be accomplished by filing a stipulation with the court if the parties agree to the changes.  Otherwise, you need to file a motion with the court (called an RFO) and have it served on your spouse.

When it comes to serving divorce judgment modifications on your spouse after you divorce is finalized, you will usually have to serve it personally on the other party.  When i say you, i mean you have to have someone else personally serve them and have the proof of service filed with the court.

 

Steps To Filing A Divorce Motion | Santa Clarita Divorce

Posted by Tim Blankenship on

We have been completing a lot of divorce motions for people here in Santa Clarita and thought we would talk about the steps for filing a motion in your divorce case in Los Angeles County.

When I say motion, I am referring to a Request For Order which would be used for getting temporary orders for just about anything.  The most common motions during a divorce case is for Spousal Support or Child Support, Child Custody and Visitation.  But an RFO is for any type of temporary order you would like to as the court for.

I say temporary, because any motion you file during your divorce case will result in temporary orders that will be in effect until you submit your judgment or until further order of the court.

Those orders can them be included in the final order or you can change the orders all together, if by agreement.

So I wanted to go over the steps of things you will need to do if you want to file a motion in your divorce case.

First, you will need to complete a RFO (Request for Order) form.  This is form FL-300.  We won’t get into the details of actually filling out the form, rather, I wanted to discuss what is all involved.

If Request For Order Is Involving Children

If your motion has anything to do with children or child support etc., you will need to get a mediation date.  I recommend that you do not attempt to call the court for this. They rarely answer the phone at the courthouse and if you happen to reach someone, they will just tell you to request the mediation date online.

Here is the link to the Los Angeles County  Family Court Service Mediation Appointment Request Form which in another article we will discuss how to fill it out.

You will have to wait until you get your mediation date before you can file your motion.

Another thing you will need to do if your motion has anything to do with children is complete the PACT class which thankfully is now online.  Here is a link to the Our Children First Program online class.

If Request For Order Involves Money

If your request for order has anything to do with money such as child or spousal support, etc. you will also need to fill out an income and Expense Declaration Form FL-150.

If you do not follow these instruction you will have a very difficult time filing your motion.  Meaning it will be rejected by the court in most cases.

Have Us Prepare Your Motion

We specialize in preparing divorce motions for just about anything.  We will prepare everything for you, including your declaration and get your mediation date, file your motion with the court, get your hearing date and serve the papers on the other party.  All for one flat fee.

We are located in Santa Clarita, CA and can help you anywhere in Los Angeles.

During Divorce Spouse Not Obligated To Pay Support Without Order | Lancaster, CA

Posted by Tim Blankenship on

I have a client in Lancaster I am getting ready to help today at 10:00 a.m. and figured it was a good article to discuss, as it comes us quite a bit.

Here is what is going on.

She had discussed filing for divorce with her husband.  They agreed that she would file for divorce and for some reason, the husband ran out and file for divorce first.  I don’t know why, nor did she.  But in case your wondering, there is no advantage of who files for divorce.  It is a no-fault state, and no preference is given to either party.

So her husband filed and them moved out of the house.  He felt it was okay to leave her with all the bills and not give her any support or help pay the bills or to take care of their child.

So she called me and wanted to know what she could do.  Here is what we discussed.

When you are going through a divorce, your spouse is not obligated to pay any spousal support or child support until there is an order from the court.  Now, most people don’t just cut off the other person, and in fact, most simply carry on with paying the bills together until the divorce is finalized.

But sometimes, one of the parties will do this where they are the sole income earner and leave their spouse high and dry.

So what do you do.  In this case, her husband had filed for divorce in the Lancaster, CA courthouse in Antelope Valley.  She needed to file a Response to the divorce, but more importantly, she needed to get some financial assistance from you husband to help pay the bills and for their child.

So what we are doing is both filing a Response to the divorce and filing a Request For Order for Spousal Support and Child Support so we can get a court hearing for the judge to make an order for support.

You see, if you are going through the divorce process and you need to get the other party to do something, you need to file a Request For Order.  These requests for orders will give you temporary orders until the entire divorce case is finalized.  They are not permanent orders.

The benefit to filing a motion like this is that you can get a hearing fairly fast.  Depending on the Court usually around 30 to 60 days.  If you don’t do this, you may be waiting a long time before you are able to finish your divorce case.  The order the court makes will be effective until further order of the Court or until the final judgment is entered in your divorce case.

We are a licensed and bonded legal document preparation firm that specializes in divorce.  We handle all of Los Angeles County Divorce cases and are headquartered in Santa Clarita.  Please give us a call for assistance with your divorce case.  We can help you file a Request For Order, get a court date and get some temporary orders in your divorce.

What Documents Do You Need To File A Motion In California Divorce Case

Posted by Tim Blankenship on

I was working with a client today that wanted us to prepare a motion in his California divorce case.

When we say motion, we are talking about what used to be called an Order to Show Cause or OSC and what is now referred to as a Request for Order or OSC.  All they did was change the name of the form, but the purpose of it is the same.

You would use a Request for Order when you want to set a date for a hearing in your divorce case.  Filing a motion using a Request For Order will get you a hearing faster than if you were to go to trial.  The downside is that the orders that are made at these divorce proceedings leave you with temporary orders.

These temporary orders will be in effect until final judgment in your divorce case.

So lets discuss what forms you need to use to file a Request for Order.

First, you will need the Request for Order, Form FL-300.  You can see that there are several options and check boxes you can use depending on your specific request.  There is also an “Other” box where you can list what it is your are asking the court to make orders on.

Sometimes when you are filing a motion like this with the court, all you need is the FL-300.  If you have a relatively short declaration (your reasoning for the request) you won’t need any additional documents.

However, if you have supporting documentation, you will want to attach that as well.  For instance, if you are making a statement in your declaration and reference something, you should show proof and attach  the document to your motion.

If your request for order in your divorce case has anything to do with money such as child support or spousal support, you will also need to complete an income and expense declaration.

You will file both the motion and the income and expense declaration with the court and both will need to be served on the other party along with the appropriate responsive papers.

We are a licensed and bonded legal document preparation firm that specializes in California divorce.  Please give us a call for more information about our California Divorce services.