Did you go to court and have a judge issue a court order for your spousal support case? Those types of orders are made based on the current financial situation, but there may come a time when you or your spouse may need the spousal support order adjusted. If you and/or your former spouse have had a significant change in circumstances since the last spousal support was made, then the court may approve a modification. A formal change to a spousal support order must be made through the court and approved by a judge in order for it to be legally enforceable. So your existing court order cannot be changed unless you have the judge sign and approve the modifications. If you are looking to have your support order changed, speak to a Culver City divorce attorney at our firm today to learn the court's requirements are.
In order for the court to grant you a spousal support modification, you must give them a valid reason and show proof that your situation and you or your spouse's circumstances have changed. Some valid reasons that the court will honor include:
- The supported spouse no longer needs the support
- The supporting party has lost their job or had a decrease in pay
- The supporting party is no longer able to afford the amount of spousal support payments
- The supported party has not put in any efforts to make it so they can be self-supporting
- One supported spouse has since remarried
- Child support payments have stopped so the amount of spousal support needs to be changed
If you and your former spouse, or domestic partner, are able to come to an amicable agreement on the new spousal support amount, then you could write up a formal stipulation and have it signed off by the judge. However, if you and your ex are not able to reach an agreement on the support issue, then you will need to file a motion for a spousal support modification. In cases like this, the parties have no say in the matter, because the court has full discretion on the matter.
It is important that you don't put off modifying the spousal support order until the last minute. The reason for this is because judges cannot award you retroactive support. For example, if you were fired from your job six months ago but you are just filing the motion for a court order modification, then you will most likely not be reimbursed for the support you paid over the last six months. Need a lawyer for your spousal support case in Culver City? As soon as you experience a change in circumstance, contact Widger & Widger, APLC and find out how we can help you modify your spousal support order.