Court orders are binding, but they’re not set in stone. Major life events – such as losing a job, facing a serious health crisis or remarrying – can significantly alter a person’s financial situation. When these changes occur, the court allows modifications to certain support orders even after divorce, including long-term spousal support.
What are the grounds for modification?
When petitioning for a modification, the court must see a significant shift in the financial situation of either party. Common reasons for requesting changes include:
- Job loss or significant income change
- Retirement
- Disability or serious illness
- Remarriage of the supported spouse
- Cohabitation of the supported spouse with a new partner
It’s important to note that these changes must be ongoing, not just temporary setbacks. A short-term job loss might not qualify, but a career change with a lasting impact on income could. If you believe you or your ex-spouse’s situation warrants a change in spousal support, you can file a Request for Order with the court. This document should explain why you are seeking a modification.
What is the process like?
Once you’ve filed your request, you must legally inform your ex-spouse. Both parties must then complete Income and Expense Declarations. These forms provide a snapshot of your current financial situation, including your income, monthly expenses and assets and debts
Many California counties require mediation before a court hearing. During mediation, a neutral third party helps you and your ex-spouse try to find common ground. If mediation doesn’t work, you’ll have a hearing before a judge. Both sides can present evidence and arguments. You might need to testify about your financial situation and the reasons for requesting the modification.
The judge will consider various factors, including:
- The length of your marriage
- Each person’s earning capacity
- Your standard of living during the marriage
- The supporting spouse’s ability to pay
- The supported spouse’s needs and ability to work
If you are the party requesting the change, you must present strong evidence as to why the change is necessary. After the hearing, the judge will decide whether to modify the support order. If approved, the new order will specify the new amount and when it takes effect.
Make sure your voice is heard
Requesting a modification of a support order requires clear communication of your changed circumstances to the court. An attorney can help make sure you articulate your situation as clearly as possible.