Post-Judgment Modifications
In an action for divorce, spousal support, or child support (one or more of which can be combined in one action), the court may award certain property and/or support awards to the parties. While this is often the end of the story for the court’s involvement in a divorce or support matter, parties may have to later return to court for further action: i.e. Modifications of child and/or spousal support awards either upwards or downwards based on the needs and economic circumstances of the parties.
At the Law Office of Kelley C. Finan, we work with parties with modification matters to make sure their needs are met and rights are protected.
Modification of Spousal and Child Support Awards
There are two common situations in which a court will allow for the modification of a spousal or child support award: 1) if the payor of the support has changed circumstances, i.e. an inability to make the same income as when the support order was made, and/or 2) the payee has a change in circumstances
i.e. change in visitation or income.
The court may adjust the support award downward or upward based on these types of changed circumstances, but will require evidence demonstrating the changed circumstances. Both parties may appear before the judge before any modification is awarded. Because a modification can affect the financial status of all parties involved for years to come, it is important to be represented by experienced counsel in all modification actions.
Tips for Modifying Child Custody and Visitation
Availability of Spousal Support: Spousal support is not automatically ordered in every divorce case. California law generally provides spousal support only in cases where the couple was married and one spouse earned significantly more money than the other spouse.
Three Types of Spousal Support: Spousal support in California is either temporary, short-term, or long-term. Temporary spousal support is usually awarded during the pendency of the divorce proceedings; short-term spousal support is ordered to allow a spouse time to become self-supporting, and long-term spousal support is generally awarded after a lengthy marriage in situations where the supported spouse does not have the ability to support themselves.
Factors That Determine the Amount and Duration of Spousal Support: California law provides specific factors that must be considered in determining the amount and duration of spousal support, including each spouse’s earning capacity, length of the marriage, age and health of each spouse, and standard of living established during the marriage.
Termination of Spousal Support: Spousal support is usually terminated upon the death of either spouse, remarriage of the supported spouse, and when there are changed circumstances that make support unnecessary
Modification of Spousal Support: Spousal support orders may be modified if there’s a significant change in the financial circumstances of either party. This can include a change in income or expenses, or if the supported spouse becomes self-supporting.
Legal Representation: Spousal support can be a complex and contentious issue in divorce. It’s recommended that you consult an experienced family law attorney who can help you navigate the legal aspects and advise you on the best course of action.