WHEN CAN I REQUEST A MODIFICATION OF SPOUSAL SUPPORT?
Many couples in Orange assume that their spousal support order is final once the California judge signs off on it, but this isn’t true though. If there is a significant change in circumstances since it was reviewed by them, then it’s possible for a partner or spouse to request a modification. There are various reasons that someone may request for a spousal support order to be changed or ended.
If you’re the paying spouse, and you experience a sudden decline in your health or a loss in employment, then you can request a modification right away. If your recipient ex isn’t trying to become self-sustaining or has recently taken on a job, then you may request for a judge to terminate their support. You can do this if they’ve recently remarried as well.
It’s important that you don’t stop paying your support obligation simply out of spite or because of a lack of financial means to do so. You shouldn’t just make a verbal agreement with your ex to reduce or increase the support that you pay or receive either.
Any modifications requests should be submitted to the court. A judge should review, render a decision and sign off on it. If this doesn’t occur, then this can create unnecessary legal problems for both of you.
Many individuals drag their feet in filing requests for modification. They do this because another more stressful concern is consuming their attention.
If the paying spouse has experienced a decline in their income or has recently lost their job, then they may expect things to only be temporary. They may think that they can quickly find another job. If they find themselves in jail, then they may think that this excuses them from paying. It doesn’t though. It’s still important for them to submit a request for modification.
A judge is not likely to look kindly upon you if you suddenly stop paying the spousal support that you owe. This is why it’s important for you to file for a modification early on. If you’re not sure what steps you should follow to do that, then a family law attorney can help.