When a court issues a spousal support order, it does not necessarily last forever, nor does the amount have to remain same. If one ex-spouse can show that there has been a change in circumstances since the time of the court’s last spousal support order, then he or she may be entitled to a change in the amount of the spousal support order. Typically, the change that justifies an adjustment to the support order must be fairly significant.
There a variety of different reasons that may justify a change in a spousal support order. These reasons include the following:
- The ex-spouse receiving the support now has increased income through employment to the extent that he or she no longer needs spousal support.
- The ex-spouse paying the support has a significant decrease in income or becomes disabled and unable to work.
- The ex-spouse receiving the support has failed to make a good-faith effort to become self-sufficient to the extent that the spousal support should end.
- The ex-spouse receiving the support remarries.
If the two ex-spouses can agree to end or modify the amount of the spousal support, they can write an agreement that they both sign and present to the court for approval. However, if the two ex-spouses cannot agree to end or modify the amount of the spousal support, the ex-spouse who wants the spousal support order to change or end must file a motion with the court asking that the support be modified.
It is important to remember that if there is a change in circumstances, you should immediately file a motion with the court seeking a modification of your existing spousal support order. Many people tend to wait to see if they are able to find a new job to replace their lost income or if they can reach an agreement with their ex-spouses. They also may be stressed due to whatever change is occurring in their lives, so that spousal support is the last thing on their minds. Whatever the case may be, however, immediately filing for a change in your spousal support order is the best step that you can take. A spousal support order cannot change until the judge issues an order changing it. Therefore, you should file for a change as soon as the change in your circumstances occurs.
The Law Offices of Vincent W. Davis & Associates know how to handle all of the different issues that a divorce case can involve, no matter how complex these issues may be. We understand how emotional and difficult these types of cases can be, and will be at your side throughout every step of the process. Contact our offices today to schedule a consultation with one of our California divorce lawyers and learn how we can help you with your case.