Modifying Spousal Support Orders
There can be a number of reasons why both the domestic partners and spouses may require changing order post judgment. In case this situation arises, you must show that there have been a change in the circumstances after the partner or spousal support was delivered. It means that something of significance have changed from the time the partner or spousal support order was delivered.
There could be a number of reasons as to why a support order should be changed. It can be that the partner or spouse which was getting the support no longer requires it. It could be also that the person paying the support has suffered considerable drop in his or her income and cannot support the quantum of money required for support. It may be that the partner or spouse who gets the support does not make the effort to be self-supporting- and the partner or spouse can request the court to end support order dependent on this premise. There could also be the cause of the partner or spouse remarrying and thus the support should be ended.
In case the domestic partners or spouses can reach the agreement for new amount of partner or spousal support, it can be possible to write this up as a kind of stipulation or agreement. The document can then be given to judge for the requisite signature and make it the new court order. If both the domestic partners and spouses cannot reach an agreement on this change, the partner or spouse who wants the change should file motion with court requesting a modification of the partner or spousal’s support amount.
Good reasons to ask for new court orders as soon as possible
In case there is a considerable change in factors which the judge regards as important when considering partner or spousal support, you must act quickly so that the partner or spousal support order can mirror the changes. Many people frequently wait when it comes to change this supporting order as they believe that the income drop or job loss is temporary. Other causes include stress and worry and their spousal support worries take a backseat. It may also occur that they are in a situation like prison where it can be extremely hard to file the court papers. It may also be that they believe it will be easy for them to change court orders later when they are less stressed or have plenty of time.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
