Spousal support is ordered based on a person’s current financial situation. What happens when that changes? Know what to do if you pay spousal support to a former spouse and can no longer afford that much, or pay it at all.

What To Know About Spousal Support 

When a spousal support order is made, the court must take into consideration the then-current financial circumstances of the parties.

For a temporary support order made while a case is pending a final judgment, the process is more straightforward. The courts can, and do, use computer programs to determine the amount of temporary spousal support.

Since the order is temporary, the order can often be modified over its duration, though temporary could be several years.

 

Long-Term Spousal Support 

When we talk about long-term spousal support, the courts look at many more factors in setting the amount of support, including the length of the marriage, the age, and education of the parties, and much more as set forth in Family Code section 4320. The parties could agree in their final judgment that such an order is unable to be modified, but most of the time an order is subject to modification or termination based on a significant change of circumstances.

If you lose your job, become disabled, retire and thus have lower income, or if you remarry and have children this could change your financial circumstances so much that the court could agree that your spousal support should change or terminate.

 

Modifying a Spousal Support Order

To start the process of seeking a modification or termination of spousal support, you will need to file a motion, called a Request for Order in California. This will give you a court date and time and once filed you need to have the other party served with this order, usually by mail by someone other than yourself.

You will also need to prepare and serve an Income and Expense Declaration and give the other party copies of your most recent pay stubs. Be prepared to bring additional financial information to court, such as tax returns, retirement documents, Social Security award notices, bank records, and the like. 

The Family Court Division in San Diego has very specific rules about exhibits and submitting evidence and documents during any motion hearings.  Read these rules and talk them over with your attorney, who will know best how to handle these items and the proper procedures to follow.

 

Contact Us for Legal Assistance 

The experienced attorneys at JWB Family Law are able to help you navigate the spousal support modification process. Our dedicated staff can provide you with the necessary legal assistance and support that you need.

Contact our office today to schedule your discreet consultation at our San Diego location.

 

Contact JWB Family Law Today

    Categories

    Connect With Us

                

    Contact

    San Diego Office
    1620 Fifth Avenue, Suite 600
    San Diego, CA 92101

    Phone: 619.234.6123

    Temecula Office
    43537 Ridge Park Dr, Suite 100
    Temecula, CA 92590
    Phone: 951.297.3871

    El Centro Office
    300 S Imperial Ave, #10
    El Centro, CA 92243
    Phone: 760.460.4608

                

    Family Code Section 2030 and Its Role in Alleviating Financial Struggles in Divorce

    Within the intricate landscape of family law, Family Code Section 2030 assumes a pivotal role by addressing the economic imbalances that often surface during divorce proceedings. Its primary objective is to ensure that both parties embroiled in a divorce have...

    Tips for Protecting Your Financial Interests During a Divorce

    Tips for Protecting Your Financial Interests During a Divorce   Divorce is a challenging and emotionally charged process, often accompanied by numerous financial complexities. Protecting your financial interests during a divorce is crucial to ensure your future...

    How to Divide a Community Property Home?

    When individuals go through a divorce, they often contemplate selling their home quickly to divide their community property funds swiftly—an action that can be potentially costly. It's crucial not to sell the house until a written agreement has been established and...

    Child Support for Children with Special Needs

    Many individuals experience an increased likelihood of divorce when their marriage involves raising a child with special needs, be it due to conditions like autism or other medical issues. This heightened risk of divorce can be attributed to the significant stress...

    Federal Laws & Procedures Impacting Military Divorce

    Several federal laws are relevant procedurally when one or both spouses in a dissolution proceeding are members of the military. Although not every Act applies to every case, it is good practice to be aware of the federal laws and procedures that may impact your...

    A Detailed Breakdown of the Divorce Procedure

    Divorce is a challenging and emotionally charged process, often accompanied by numerous financial complexities. Protecting your financial interests during a divorce is crucial to ensure your future financial stability. In this blog, we will discuss several essential...

    The Difference Between Contested & Uncontested Divorce

    Divorce is a significant life event that involves the legal termination of a marital union. It is a decision often accompanied by complex emotions, legal considerations, and a multitude of issues to be resolved. When pursuing a divorce and finding a divorce attorney...

    Common Mistakes to Avoid During Divorce Proceedings

    Divorce is a complex and emotionally challenging process that requires careful consideration and strategic decision-making. From navigating legal intricacies to managing the emotional turmoil, divorcing couples often find themselves overwhelmed and prone to making...

    Property Division in Divorce: What You Need to Know

    Divorce is a challenging and emotionally charged process, requiring careful consideration and resolution of various legal and financial matters. One critical aspect that often arises during divorce proceedings is property division.This encompasses a broad range of...

    How to Choose the Right Divorce Lawyer for Your Case

    Divorce is an emotionally challenging and legally complex process that marks the end of a significant chapter in one's life. When facing the dissolution of a marriage, it’s crucial to have the right legal representation by your side. A skilled and experienced divorce...