Either spouse has the right to ask the court to modify the order for spousal support. However, the courts do require a valid reason to make the modification. Our Pasadena family law attorney is here to explain the grounds for modification of spousal support as well as help you through the modification process.
When Can Spousal Support Payments Be Modified?
The courts will consider any reason brought forward by either spouse. Most modifications, however, tend to be one of a few common reasons, including:
- The spouse paying support suffers a significant drop in income. (This can be a temporary or permanent condition.)
- The spouse receiving support no longer needs it.
- The spouse receiving support remarries.
- The spouse paying support is incarcerated.
- The spouse receiving support is not making a good faith effort to become self-supporting.
- Either spouse misrepresented assets or income that would affect spousal support order.
The spouse requesting the order modification is the one who must present proof to the courts. Your divorce attorney will tell you the information needed to present to the court.
How To Modify Spousal California
The easiest option to get your spousal support modified is to get both parties to agree to the modification, write up the agreement, and present it to the judge for signature. Your family law attorney can represent you in the mediation and can file the appropriate forms with the court.
If the spouses cannot come to an agreement, the spouse requesting the modification must do the following:
- Fill out the appropriate court forms which in California include the Request for Order and the Income and Expense Declaration
- Have the court's family law facilitator review the documents
- Make at least two copies of documents
- File the forms with the court clerk
- Get a court date
- Serve the papers to the other spouse
- File proof of service
- Go to the court hearing
Your divorce attorney will file the appropriate documentation on your behalf, though you will need to provide up-to-date information.
The judge will assess the evidence presented and will make a decision on whether the spousal support order should be modified. Either your attorney or your ex-spouse's attorney will write up the court order and give it to the judge for signature.
Law Offices of Christopher L. Hoglin, P.C. is here to help you with any family law needs you might have, including spousal support modifications.
Contact Law Offices of Christopher L. Hoglin, P.C. by calling us today at (626) 653-4075 to discuss your family law needs.