Changing spousal support order.
The most common reasons for changing spousal support order are:
1. Losing of employment
2. Closing a business
3. Reduction of income from investment
5. Ex-spouse receiving spousal support is no longer needs it
6. Ex-spouse is remarried (automatically terminated unless the parties have agreed in writing to the contrary)
It is important to know that changes need to be done as soon as your circumstances have changed. If you lose your job, for example, you might wait hoping you will find another job soon. However, if you do not find a job for some time and ask the court to modify the spousal support retroactively, the court will reject your request.
Changing spousal support order. How it can be done?
Generally, changing a spousal support order is a difficult issue for the court. There are some combinations of factors to consider with each reason for changing spousal support. We will try to explain the main ideas in the simplest way as possible.
If a change in the supporting ex-spouse’s income is the reason for the changing spousal support request, the court will consider whether reduction in income was under the obligated parties control. A party cannot intentionally reduce his income seeking a reduction of spousal support. If a court thinks the income reduction could have been prevented, the request to change spousal support will not be granted.
Request for Order and supported documents must be filed with the same court where the final judgment was issued. The party asking for a change in spousal support must serve the other party with the appropriate documents.
If you have any questions or would like to schedule an appointment please call our office at 714-390-3766 or email