Can a Spousal Support Order be Changed in California?

high net worth divorceYou may think that a spousal support order is final when one has been granted to you – however, a change in circumstances can call for a change in your order as well. There are many reasons why you may need to modify alimony from either ends. Here are some of the most common reasons:

  • The state laws pertaining to alimony changed significantly, calling for a change
  • The ex-spouse cohabitates with another person
  • The cost of living increased
  • The person paying the alimony is unable to support themselves due to a physical or mental condition
  • A financial emergency occurred in an unexpected way, making it impossible for them to pay
  • A new support obligation appeared

How do we change the support order? 

Let’s say that you and your ex-spouse agree to the new amount of spousal support you believe they should pay. If this occurs, you will be able to write up an agreement and give it to the judge for signature for a new court order. However, let’s assume that you and your ex-spouse do not agree. In this case, you must file a motion with the court asking for a modification of the amount. Remember that, until the new court order is made and signed, the spouse must continue to pay the previous amount because nothing has changed in the eyes of the court.

If there was a change in circumstances in your California support order, the payor will need to file immediately with the courts. The courts will not look back to the day you lost your job, but instead to the day when you filed papers asking for the chance. Here are some of the steps you must take to have your order changed:

  • Fill out your court forms
  • Have your forms reviewed
  • Make at least 2 copies of all forms
  • File forms with the court clerk
  • Get your court date
  • Serve your papers
  • Attend your court hearing

To be successful with this process, many people will turn to a family attorney they can trust. Call us today for more information on how we can help you through the difficult process. We will help you before, during, and after your case to help you get the results you need in your situation.