Requesting a Spousal Support Modification
Posted on Nov 8, 2018 5:50pm PST
The court may award alimony, or spousal support, to a lower-earning spouse
to help them readjust to single life. These payments can be temporary
or permanent depending on a couple’s financial circumstances and
divorce settlement negotiations. Alimony provides an ex-spouse with the
support they need to seek new educational and occupational opportunities
with the ultimate goal of attaining financial stability. A paying spouse
can provide these payments to the receiving spouse in one lump sum payment
or in monthly installments.
Per California law, spousal support can only be modified or terminated
under specific conditions. Also, the court needs to approve any changes
to the court-ordered alimony payments. In other words, you can’t
just demand more money or stop making payments.
Alimony can be modified or terminated under the following conditions:
- One ex-spouse dies
- The receiving ex-spouse gets married
- The receiving ex-spouse moves in with a romantic partner
- There is a significant change in either party’s financial circumstances
Both paying and receiving ex-spouses can request spousal support modifications.
However, the court will only grant a modification or termination if the
requesting spouse can prove they are suffering a considerable and lasting
change in their financial situation. It’s important to modify your
spousal support order as soon as possible so that it reflects your current
standard of living.
People often wait too long to change their spousal support orders because:
- They think their change in circumstances is temporary
- They aren’t in a position to file court paperwork
- They believe they can change the order later
If you wait too long, the court may not be able to effectively alter the
court order. The court uses its own discretion when making a final determination,
but typically won’t permit a spouse to suffer avoidable financial
ruin. For example, if a paying ex-spouse is fired, he or she can’t
be expected to provide the same alimony payments. Consequently, the court
may agree to modify or terminate the original court order. However, if
the paying ex-spouse gets a lower-paying job 6 months later and then requests
a modification, the court may not be able to comply.
Modify Your Alimony Payments Today
If you’re interested in modifying or terminating your spousal support
order, contact the
Fresno spousal support attorneys at Arnold Law Group, APC. We can evaluate your personal and financial
circumstances and use this information to develop a reasonable argument
that can be used in court.
Contact Arnold Law Group, APC at {F:P:Site:Phone} if you have questions about your divorce settlement
or need to make post-divorce modifications.