How Can I Modify or Terminate Spousal Support?
After the court order for spousal support is issued, whether it is a temporary order or the judgment, you may be entitled to modify it unless your order mandates that your spousal support is non-modifiable. There are many grounds allowing a litigant modification of orders, and a knowledgeable attorney can help you obtain the relief. We will discuss post-judgment modification of spousal support in this blog.
Post-Judgment Modification/Termination of Spousal Support
Spousal support may be modified and/or terminated upon a showing of change of circumstances. A change of circumstances includes “practically everything which has a legitimate bearing upon the present and prospective matters relating to the lives of both parties.” (Marriage of Morrisson; Marriage of West.) California Courts are not prevented from terminating spousal support in the case of a lengthy marriage upon a showing of changed circumstances. (Marriage of Hibbard.)
What is a Change of Circumstances for Spousal Support Modification?
Some of the key factors include
Decreased ability to pay. In the Marriage of McCann, the court held that a material change of circumstances means a reduction or increase in the supporting spouse’s ability to pay and/or an increase or decrease in the supported spouse’s needs. If your income has drastically changed, you may be entitled to a modification.
Decreased Need for Support. If your spouse became self-supporting and/or earning more than at the time the order was made, their need for spousal support may have decreased. (Marriage of McCann.)
Failure to become self-supporting. Failure of the supported party to become self-supporting after a support order was made contemplating that supported party would become self-supporting within a certain period of time constitutes a material change in circumstances allowing for a reduction or a downward modification of spousal support. If the supported spouse unreasonably delays or refuses to seek employment consistent with the supported spouse’s ability, such conduct can constitute a change in circumstances warranting a downward modification of spousal support. (Marriage of Shaughnessy.)
Retirement. In California, a spouse cannot be forced to work past their retirement age.
Are there Additional Issues to Consider?
Spousal support at of following the time of judgment is determined by the Fam. Code §4320 factors, which include marital standard of living, age and health of the parties, education and work history, periods of unemployment due to raising children, domestic violence perpetrated by one spouse on the other, and other factors. The court will look at each of these factors when reviewing requests to modify spousal support.
California family law is very complex, so it is important you discuss all your facts and circumstances with a knowledgeable attorney to ensure the best outcome of your case. Experienced attorneys at Livingstone Law have a successful track record in modifying spousal support. Contact us today for a free consultation.
