Legal Question in Family Law in California

ORIGINAL QUESTION: What does this mean when stated in divorce papers? "the court finds each party waives his/her right to move for a new trial, to appeal, and to request a statement of decision"? Is this implying that he can NEVER take me back to court in regards to our divorce settlement agreement?

ANSWER: No. It means you can't ask for a trial, or file an appeal, or ask for a decision from the court, because you are settling the case by agreement. If either of you breaches the agreement, of course the other can go back to court to enforce it. If either of you is later found to have committed fraud, the other can go back and have the settlement reversed. If there is property that was not divided in the settlement, you can go back and ask for a division of the omitted property. If you have kids, custody and/or child support can be taken back to court whenever there is a material change in circumstances. Spousal support may or may not be able to be taken back to court depending on the terms of the settlement and the judgment.

NEW QUESTION: What does material change in circumstances mean? Example.


Asked on 4/10/12, 11:52 pm

1 Answer from Attorneys

There is no bright line rule on what is material. It is up to the discretion of the court. Generally though, if there is any doubt, the court will resolve it in favor of finding that there is a change and will look at the merits of the motion to modify custody or support. For example, though, a $0.05/hr raise will not be "material" because it won't change support enough to be worth the court's time. A new job at 20% more pay and new benefits? Of course that is a material change in circumstances. Passage of time alone may be enough to grant a review of custody. A custody plan that is good for a toddler probably isn't so good for a kid starting middle school. Moving, changing schools, remarriage, adding half siblings, etc. all can be a material change that will allow a court to review the situation. A review does not always mean a change in the order, however. The bottom line is just plain common sense. If something is different enough from the circumstances in place at the time of the judgment or last order, that it would be worth the court's time to take a new look at support or custody or both, there is a material change in circumstances.

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Answered on 4/11/12, 1:08 am


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