In California, a final spousal support amount (which is separate from any temporary spousal support ordered during the divorce process) will be awarded as part of the final divorce order entered by the judge. The amount and duration of this award could have been reached by the judge or through an agreement between the parties, but regardless of how the amount was reached, the payor spouse is required to pay that amount of spousal support to the payee spouse per the terms of the order.
As the months and years go on, however, one or both of the spouses may want to change the amount of the spousal support. The payor spouse may feel that it is too much of a financial burden to pay the monthly amount, or that the payee spouse no longer needs the full amount. Likewise the payee spouse may feel that more support is needed or is able to be paid by the payor. Modifying your spousal support requires some specific, concrete steps, which we will discuss below.
What Does Your Divorce Order Say About Support?
The first step is to look back at the order that the judge entered in your case and determine what it says about modification. Some orders may strictly limit the grounds on which the spouses can return to court to modify support amounts (this might be the case in relatively short marriages). Others may lay out the types of grounds for modifying support. You will also want to note if the order indicates when support may be terminated, i.e. if the payee spouse remarries.
Try Negotiating With Your Ex-Spouse to Modify the Amount
As with the initial amount of support itself, ex-spouses can reach an agreement on modifying support which can then be submitted to the judge for approval. Obviously, the feasibility of this approach will depend on the relationship between the ex-spouses and the financial stresses involved, but negotiation is always a good place to start when possible.
Do You Have a Changed Circumstance?
If negotiation is not feasible, then a judge will need to order that there be a modification in spousal support. Because there has already been a judicial order in place, judges are hesitant to change previous orders unless it is clear that there has been a “changed circumstance” justifying the change. This changed circumstance can be one that affects the payor or the payee spouse — either a reason that the payor should now pay the payee less every month (e.g. the payor cannot find work, or the payee just won the lottery) or a reason that the payor should now pay the payee more each month (e.g. the payor got a huge promotion while the payee is now living on food stamps).
Going to Court to Modify the Amount
If there has been a change in circumstances justifying the modification in spousal support, the next step is to file the proper documents and go to court for a hearing on the proposed modification. The necessary documents in California include a new income and expense declaration (you would have previously filed one of these in your divorce) as well as a declaration explaining why the change in spousal support is needed. These papers will need to be served on the other spouse, and the court will set a hearing date. At the hearing, the judge will listen to the evidence put forth by both spouses on the proposed change in support and hand down a decision.
For guidance on modifying your spousal support amount or any other family law issue, please contact the Law Office of Kelly C. Finan today at 424-255-3797 to schedule a consultation.