Whether you are receiving or paying spousal support, you can ask the court to modify the order. For your request to be successful, however, you must provide a valid reason for it. Generally, for an order to be modified, there must be a substantial change in circumstances. Continue reading to learn more about spousal support modification in California.
Modifying Spousal Support
When it comes to post-divorce modification cases, the party who is requesting the modification must prove that circumstances have changed, warranting the modification.
Here are some of the most common reasons brought forward in such cases:
- The receiving spouse no longer needs support
- The paying spouse experienced a temporary or permanent cut in income
- The receiving spouse remarried
- The paying spouse gets incarcerated
- A spouse misrepresented income or assets, affecting the spousal support order
- The receiving spouse is not making an honest effort to become self-supporting
If the paying spouse is trying to lower or eliminate spousal support payments by voluntarily taking a pay cut for fewer job duties, they would still be responsible for fulfilling their obligations. The changed circumstances cannot be voluntary.
The Process of Modifying Spousal Support
The quickest way to modify spousal support would be for you and your former spouse to agree on a modified arrangement and present it to a judge who will sign it. It is crucial to go through the proper legal channels for it to be effective.
If you cannot achieve an agreement, here are some of the steps you must follow:
- Fill out the necessary forms, including a Request for Order and the Income and Expense Declaration
- Provide the court’s family law facilitator with the documents for review
- File the documents with the court clerk
- Receive a court date
- Have your former spouse served with the papers
- File the proof of service
- Attend the court hearing
Throughout this process, it is important to have an attorney on your side to ensure everything is filed properly.
Speak to One of Our Experienced Family Law Attorneys About Your Case Today!
If you would like to modify your spousal support order, it is essential to hire an attorney to assist you with your case. At Morales Law, P.C., our experienced family law team can provide the guidance you need, so you can achieve the most favorable results for your case.
Call our law office today at (805) 422-7966 to schedule a free initial consultation with one of our skilled attorneys to get started on your post-divorce modification case.