Spousal support, also known as alimony, is often a key component of divorce settlements in California. However, financial situations change over time, and the amount or duration of support may no longer be appropriate. Whether you are paying or receiving spousal support, you may need to request a modification due to job loss, remarriage, or other significant life changes.
At Law Office of Michael L. Fell, we help clients navigate spousal support modifications to ensure fairness and compliance with California law. Understanding when and how to modify a support order can help you protect your financial future.
When Can Spousal Support Be Modified?
In California, spousal support modifications are allowed under specific circumstances. To request a change, the person seeking modification must demonstrate a material change in circumstances since the original order was issued. Common reasons for modifying spousal support include:
- Loss of Income or Job Change – If the paying spouse loses their job, experiences a significant salary reduction, or retires, they may request a reduction in support payments.
- Increased Income of the Receiving Spouse – If the recipient of spousal support gains employment, receives a promotion, or otherwise improves their financial situation, the paying spouse may request a modification.
- Cohabitation or Remarriage – If the recipient remarries, spousal support usually terminates automatically. If they are living with a new partner, the court may consider reducing or terminating support if financial dependence on the paying spouse is no longer necessary.
- Health Issues or Disability – If the paying spouse becomes ill or disabled and can no longer work, they may request a reduction in payments. Likewise, if the recipient experiences medical hardships that affect their ability to support themselves, they may seek an increase.
- Expiration of a Temporary or Long-Term Support Order – Some spousal support orders are temporary and are meant to help the recipient transition to financial independence. Once the designated period ends, a modification may be necessary.
Steps to Modify Spousal Support
If you need to modify a spousal support order, there are several steps you must take to ensure compliance with California law.
1. Review Your Original Support Order
Before requesting a modification, carefully review your divorce judgment and support order. Some agreements include specific terms about modification, including limits on when or how support can be changed.
2. Gather Documentation
To support your request, you will need evidence of the change in circumstances. Depending on your situation, this may include:
- Recent pay stubs, tax returns, or employment termination letters
- Medical records or disability statements
- Proof of the receiving spouse’s new income or financial status
- Evidence of cohabitation or remarriage, such as shared leases or joint financial accounts
3. Attempt to Reach an Agreement
If both parties agree that a modification is necessary, they can draft a new support agreement and submit it to the court for approval. A family law attorney can help ensure that the revised agreement meets legal requirements.
4. File a Motion with the Court
If an agreement cannot be reached, the party requesting the modification must file a Request for Order (RFO) with the court. This legal motion asks the judge to review the change in circumstances and adjust the support amount accordingly.
5. Attend a Court Hearing
Once the motion is filed, the court will schedule a hearing where both parties can present evidence and arguments. The judge will then decide whether to approve, deny, or modify the existing spousal support order based on the facts presented.
6. Follow the Court’s Decision
Once a new order is issued, both parties must comply with the updated terms. Failure to follow a court-ordered modification can result in legal consequences, including wage garnishment, fines, or other enforcement actions.
Can Spousal Support Be Terminated?
In some cases, spousal support can be completely terminated. This typically occurs when:
- The recipient remarries
- The support order reaches its predetermined expiration date
- The recipient no longer requires financial assistance
- The paying spouse experiences extreme financial hardship that makes continuing payments impossible
If you believe that your support obligation should end, an attorney can help you file the necessary motion and present your case in court.
Why Work with a Family Law Attorney?
Modifying spousal support can be a complex legal process, and mistakes can result in costly delays or unfavorable outcomes. A family law attorney can help you:
- Evaluate whether you qualify for a modification
- Gather the necessary documentation and evidence
- Negotiate a fair agreement with your former spouse
- Represent you in court if a hearing is required
At Law Office of Michael L. Fell, we have extensive experience handling spousal support modifications in California. Whether you need to increase, decrease, or terminate support, our team is ready to help you navigate the legal process.
Contact Law Office of Michael L. Fell for Spousal Support Modification Assistance
If you are seeking to modify a spousal support order, it is essential to take the right legal steps to protect your financial interests. At Law Office of Michael L. Fell, we provide expert legal guidance to help clients adjust their support agreements fairly and efficiently.
Call Law Office of Michael L. Fell at 949-585-9055 today to schedule a consultation and discuss your options for modifying spousal support.