Changing Spousal Support in California

With time, comes many changes, and this is often true of the circumstances in the years following a divorce. Many people find that their lives have changed significantly at some point after the divorce is final and they realize they need to change the spousal support order that is currently in place. This article will provide some basic information on how that is done and why it may be beneficial for you with information about changing spousal support in Caliofrnia summarized from ca.courts.gov: https://www.courts.ca.gov/1250.htm.

  • Can I change spousal support after the divorce is final?

Yes, you can change spousal support after the divorce is final if there has been a change in circumstances, but it is important to keep paying the full amount under your current order until you get the order changed, even if your situation has changed. Only the court can release you from your obligations, not the underlying circumstances. This is typically accomplished via a stipulation between the parties that is signed by the judge or a motion to the court requesting a modification of the spousal/partner support amount.

  • What is a change in circumstances to justify a change in spousal support?

A change in circumstances means that something significant has changed since the spousal or partner support order was made. This could be a variety of circumstances:

  1. perhaps the person paying has had a significant drop in income and can no longer afford the amount of support
  2. perhaps the person receiving the support has had a change where the support is no longer needed
  3. perhaps the person getting support is not making a good faith effort to become self-supporting
  •  Can the parties agree to a change in spousal support?

If the spouses or domestic partners can reach an agreement on the new amount of spousal or partner support, they can draft is up as an agreement/stipulation. It will then go to the judge for signature.

  •  Why is asking for a new court order right so important?

Spousal or partner support cannot be changed retroactively. This means if you wait, you will not be able to change the amount as to the date that your income went down. If you lost your job six months ago, but are only filing the paperwork now, the judge will not be able to go back to the date that you lost your job. The judge can only make the modification from the date that you filed the papers. Often people think that they might get a new job, or they may be too stressed or worried to prioritize changing the order, or they may have impediments like being in jail or out of state which may impede their ability to get the new order. While these are valid reasons for not requesting a new spousal support order, they will not be effective in changing the support modification to a retroactive date, so that is why it is very important to ask for a new court order right away.

CONTACT THE LAW OFFICE OF DAVID KNECHT

If you need assistance changing a spousal support order or if you have any other family law related questions, contact the  Law Office of David Knecht. We have extensive experience with family law in California. Contact us at 707-451-4502 for more information.