Can I Modify Spousal Support In California?
Life can change after a divorce. You might find yourself earning less because of a job loss, or your former spouse might start earning a higher income. Health problems could also impact your ability to work. These changes can make your current spousal support arrangement feel either unmanageable or inadequate.
Under California law, courts can modify a spousal support order if there are major changes in either person’s financial situation. However, the party making the request has the burden of proof.
Whether you’re trying to lower your payment or secure the support you need, our attorneys at Cullen Family Law Group can advocate for you and guide you through the process. What makes us different is our focus on personalized service and efficient solutions. We know that financial changes can be stressful and bring about a lot of uncertainty. Our spousal support attorneys are here to listen to what you’re going through, help you understand your options and work with you to create a plan that meets your needs.
What Situations Qualify As A “Material Change In Circumstances”?
According to the California Family Code Section 3651, you have the right to request the court to change or end your spousal support orders whenever necessary, unless you’ve agreed in writing that the support can’t be changed. This means that if your financial situation no longer matches what is in the court order, and you didn’t sign a marital agreement that does not allow post-divorce changes, you can ask for a modification.
However, you need to prove that your circumstances have shifted since the original order. Valid “changes in circumstances” may include:
- Changes in income: If you’re paying support and your income drops significantly – due to a salary cut, losing bonuses or business setbacks – you might qualify for a reduction. Alternatively, if you’re receiving support and your ex-spouse’s income increases considerably, you may seek more support.
- Employment changes: Losing your job, especially if it’s not your fault, might allow for a temporary reduction in payments if you are the one paying spousal support. Career changes could also be a reason, though the court will check whether your request was made in good faith or to avoid paying support.
- Retirement: Many people in Riverside County find their income dropping as they retire, while expenses stay the same. Courts usually see retirement as a good reason to adjust spousal support, especially if it happens at the usual age and isn’t rushed to avoid payments.
- Living with a new partner: California law assumes that when the supported spouse cohabits with someone new, their financial need decreases. However, the supported spouse has the right to contest this assumption.
- Health problems that arise post-divorce: If you’ve developed a condition that limits your work capacity or face large medical bills, these factors might require a support adjustment, especially if you are the one making the payments.
- The supported spouse made progress towards self-sufficiency: If the supported spouse has finished education or training mentioned in the divorce judgment and landed a better job, the court might reduce the support payments. This is because support orders in California typically include “Gavron warnings,” which formally advise the supported spouse to become self-supporting within a reasonable time.
It’s crucial to work with an experienced spousal support attorney during this process. We can assist you in determining if your situation qualifies for modification and present your case effectively to the court.
The Step-By-Step Process To Modifying Your Spousal Support Order
The process begins by filing two types of paperwork with the Riverside County Superior Court:
- A Request for Order (FL-300): This is the official request form for modifying your current spousal support arrangement. In this document, you will need to explain exactly what changes you need and why they are necessary. There is a section on the form specifically for these kinds of modifications where you can describe your “change in circumstances.”
- An Income and Expense Declaration (FL-150): This provides a detailed look into your current financial situation, including your income, how you file your taxes, your expenses and your assets. It must also come with financial documents that prove the change in circumstances. This can include recent pay stubs, any profit and loss statements if you’re self-employed or documents showing unemployment benefits. Courts will carefully review these financial details, so it’s important to be accurate and thorough.
Once you’ve submitted your paperwork, you will receive a date for a hearing. It’s crucial that your ex-spouse gets properly served copies of all the documents before this date.
Don’t Leave Your Financial Security To Chance: Call Us Today
If you’re looking to adjust your support payments, whether it’s because your income has changed or your ex-partner’s finances have improved, we’re here to help you make a strong case to the court. Talk to one of our attorneys at Cullen Family Law Group today. Call 951-715-4632 or send us a message through our online form.