San Diego Men’s Rights Lawyers
Spousal Support Modification
Many California divorces include orders for spousal support to be paid by one spouse to another. The court will decide on whether spousal support payments are appropriate and the amounts involved on these payments based on several factors laid out in California law. Despite the fact that many people assume that these orders are irreversible, they can be modified in certain situations. If you would like to explore the possibility of modifying a spousal support order, you need to seek the help of experienced San Diego men’s rights lawyers as soon as possible. Below is a brief explanation of this complicated legal issue.
The Standard for Modifying Spousal Support Orders in California
The standard for modifying spousal support in California is plainly stated, but that does not mean it’s a simple application to any given situation. If there is a material change in the circumstances that were present at the time the order for spousal support was issued, then it’s possible that the order can be modified.
However, as stated above, there are many different scenarios that can be seen as a material change in circumstances and many others that will not. Generally, the court will look at the same factors it used in making the original decision regarding spousal support and apply those factors to the new facts that have been presented.
These factors include the ability to maintain the marital standard of living in light of earning potential, which means that if a spouse receiving support has her income rise significantly, it could lead to a modification. In addition, other factors include the supporting spouse’s ability to pay, the duration of the marriage, the assets and debts of the parties, relative hardships that would be endured, and general equitable considerations.
The burden of proof in a hearing to modify spousal support is on the person who is making the motion to modify it. He or she must show that a material change in circumstances has occurred such that a continuation of the order would not meet the intent of the original spousal support order that was issued at the time the marriage was dissolved.
How San Diego Men’s Rights Lawyers Can Help
Efforts to modify a California spousal support order can largely come down to how persuasive the argument is that’s made and the strength of the evidence offered. Those who are paying spousal support now should not simply stop making payments in hopes that the amount will be adjusted, as this could give rise to a separate set of problems.
Instead, if you feel that your spousal support order should be modified, seek the help of San Diego men’s rights lawyers who have helped countless clients work through this process. Contact the Men’s Legal Center today to schedule an initial consultation.