Support orders can be complex and hard to navigate. It’s key to note that they are not always final, and California law allows modifications when circumstances change. Child and spousal support orders can in fact be changed after the divorce, and there are a few things to know before requesting these changes.
The Legal Standard
The core requirement of modifying child or spousal support is proof of a material change in circumstances. As far as this change goes, the court expects it to be substantial, ongoing, and not expected during the initial order. The burden of proof lies with the party that is requesting this order change.
Common Reasons Why Child Support May Be Modified
In California, child support orders may be modified when there has been a significant and ongoing change in circumstances that affects either parent’s financial situation or the needs of the child. One of the most common reasons for modification is a substantial change in income, such as a job loss, reduction in hours, promotion, or career change. Either parent can request a modification if their earnings have increased or decreased enough to impact the existing support calculation.
Changes in custody or parenting time can also justify a modification. If one parent begins spending significantly more or less time with the child than originally ordered, the support amount may no longer reflect the current arrangement. In addition, increased expenses related to the child like medical costs, special educational needs, childcare expenses, or health insurance premiums, may validate an adjustment.
Since California child support is calculated using statewide guidelines, even relatively common life changes can affect the formula. However, the court will look closely at whether the change is substantial, ongoing, and made in good faith before modifying an existing order.
Common Reasons Why Spousal Support May Be Modified
While financial changes can significantly impact spousal support the same way that it can impact child support, health-related issues can also support a modification request. If either spouse experiences a serious illness or disability that impacts their ability to work, the court may reconsider the existing order. Retirement is another frequent basis for modification, particularly when it is reasonable and made in good faith. Courts will evaluate the age of the paying spouse, the nature of the retirement, and the resulting change in income.
In addition, if the supported spouse moves in with a new partner, the court may reduce or terminate spousal support, as living with another person can lower the recipient’s financial need. It is important to note, however, that some spousal support orders are non-modifiable by agreement, meaning the court may be unable to change them regardless of circumstances. Reviewing the original divorce judgment is essential before seeking a modification.
The Process for Requesting a Modification in California
The process for requesting a modification in California is fairly straightforward. First, you need to file a formal request for order with the court. The way in which you would go about doing this is by providing updated financial disclosures, showing evidence that your circumstances have drastically changed and therefore warrants the modification, and attending any mediations or hearings if they are required.
Keep in mind that the court may issue temporary or permanent modifications, and they are not retroactive before the filing date.
What Does Not Justify a Support Modification?
There are a few different reasons as to why a support modification request would be denied. First, if there is a voluntary change of income in the household that results in a decrease, this does not qualify for a change in support. Temporary financial setbacks would also not be deemed as qualifiable. Finally, simple buyer’s remorse over the original agreement would not allow for any changes.
Consulting Legal Help
The value in utilizing an attorney to handle your spousal or child support is invaluable. Handling the process usually brings up questions that need answers, and Men’s Legal Center in San Diego California is here to help. Make sure you reach out for your free case review as soon as you can.