I need to modify my spousal support payments. What are my options?
Leucadia, CA – Spousal support, otherwise known as alimony, is financial support paid from one spouse to another in order that the supported spouse might continue to live at the marital standard of living even after separation.
Many people think that once the Judge orders spousal support, it cannot be adjusted. This is not the case at all.
In fact, unless specifically agreed otherwise, spousal support can be modified or terminated any time there is a change in circumstances that warrant a modification.
Some circumstances that might warrant a spousal support modification include:
- The payor of support is making less money
- The party receiving support is making more money
- The party receiving support moves in with a significant other
- Child support is reduced due to the emancipation of one or all of the children of the marriage
- The party receiving support receives a significant inheritance
- The party receiving support fails to act diligently in becoming self-supporting
In order to have spousal support modified; the requesting party must either get the agreement of the other party or file a motion with the court to modify spousal support.
Once the motion is filed, an investigation will be conducted into the merits of the request.
This process of investigation is called “discovery.”
Here you are looking for evidence in support of the request to modify support like bank statements and proof of income.
When the family law judge decides whether or not spousal support should be modified, he or she will analyze the case by applying the facts of the case to factors listed in California Family Code Section 4320.
California divorce lawyers call these the “4320 Factors.”
If the circumstances of the case when looking at these factors are significantly different than they were at the time the initial order for support was made, then the court very well may modify the spousal support order.
Every case is different.
If you would like to speak with an expert in this area, Griffith, Young & Lass is the law firm to call. Our staff Certified Family Law Specialist has handled hundreds of these types of cases and has a very high success rate. Call 858-345-1720 today for your free consultation.
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