How Do I Modify An Order For Spousal Support?

Spousal support is ordered in certain California divorces, if there is a disparity in income between the spouses and/or if the marriage was a lengthy one.  When an order for spousal support has been entered by the court, you need to pay the amount that is required.  If a modification is necessary, you cannot just stop or change the payments – you must go through a formal legal process to make a change. 

An Irvine, CA divorce lawyer at Brown & Charbonneau, LLP can provide you with assistance if you need to modify an order for spousal support. We can help you to take care of all of the required court paperwork that you are going to need to file in order to get your support order changed. We can also assist you in making a compelling argument to the family court judge regarding the reasons that you need the existing support order altered. Call today to schedule a consultation and learn more about how an attorney can help if your spousal support order no longer makes sense.

How to Modify an Order for Spousal Support

Some situations will lead to the automatic modification or end of spousal support. For example, if the recipient spouse who is being paid support remarries, this will usually result in the end of the support obligation. If you had a temporary support order and were required to pay until your spouse completed some set milestone, the completion of that milestone should lead to an end of support.

There may also be other reasons why you want to modify an order for spousal support. For example, you may decide that you want to retire from your job and you will no longer have enough income to pay support. You may have another child and have financial obligations to that child that interfere with your ability to pay continued support to your ex. You may also be let go from your job or experience a reduction in your income that makes it difficult or impossible for you to continue to pay.

Whenever these life changes happen, you need to go to court and ask the judge to modify an order for spousal support as soon as possible. You cannot just stop paying, or you could end up in contempt of court and facing consequences for the nonpayment.  An attorney will help you to file the petition to modify an order for spousal support.

When you have petitioned the court to change the support order, you have to show that a material change in your circumstances has occurred and that you no longer should be held to the old requirements. If you voluntarily left your job to avoid support payments, or if you are trying to retire when you are very young, the court may not grant your modification.  There are also some support orders that do not allow for modifications in the future due to a circumstance change.

Your Irvine, CA divorce lawyer can help you if you want to modify an order for spousal support. Call an attorney at Brown & Charbonneau, LLP for assistance putting together a solid case so you can maximize the chance of the court granting your request for a change to the support order.