Can I Change My Spousal Support Payments?

Spousal support, also referred to as spousal maintenance or alimony, is a series of payments made by one spouse to the other spouse during or after their divorce. Like many ongoing obligations after a divorce, spousal support payments can be modified when certain facts and circumstances exist. You must follow the proper procedures, however, to make sure modification is successful. 

In California, most spousal support payments can be modified. It is important to keep any spousal support order updated to reflect the realities of both parties. If you want to request a modification to a spousal support order, you should consult with experienced legal counsel to advise and guide you through the process.

To modify court-ordered spousal support, the court will consider any number of factors. Some of these factors could include:

  • Changes in employment and the reasons for the changes (e.g., a demotion due to company-wide changes versus poor performance)
  • Impairment of either spouse's earning capacity (e.g., one spouse was injured and cannot perform the same job functions)
  • How long payments have been made versus how much longer until they are terminated (e.g., paid only for one year versus ten years)
  • Whether the supported party has made an effort to become self-sufficient (e.g., long-term, progressive work experience versus sporadic work)
  • Whether the spouse receiving support no longer needs support
  • Whether the spouse receiving support remarries
  • Whether the spouse paying support is incarcerated
  • Whether either spouse misrepresented assets or income that would have affected the spousal support order

Depending on your jurisdiction, a court can consider any other factor it considers relevant. If the modification is approved, the court will confirm the payment increase or decrease in the new order granting the modification.  

The existing spousal support order remains in effect until the petition to modify is approved by the court. Failure to continue abiding by the existing order can result in arrears. You could also be held in contempt of court, resulting in the possible issuance of a bench warrant for your arrest.

The same is true once the order granting modification is issued. The ex-spouse paying alimony must comply with the order or else risk arrears, contempt of court, and other possible civil and criminal penalties. 

Thus, it is important to act quickly, and to make sure that you follow the proper procedures and provide adequate support for your reason to modify a current spousal support order. Not doing so can render your petition for modification useless. For these reasons, it is important to have the assistance of experienced legal counsel to guide you through the process.

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