MODIFICATION OF SUPPORT IN CALIFORNIA

During the divorce process the court may order in an interim amount of spousal support and long-term support in certain marriages.  Generally, the amount of spousal support awarded will be fair, reasonable, and appropriate for the foreseeable future. Nonetheless, people’s circumstances change in unpredictable ways and may seek a post judgment modification of spousal support. No one would disagree that it is almost impossible to predict what your circumstances will be in five years, let alone ten years. That can present a problem in terms of the fairness and sufficiency of the support order. This explains why courts are often presented with requests to modify spousal support and child support. The courts in California generally try to balance two concerns in deciding whether a modification is justified:

  • Finality: it is not wise for the issues to be revisited again and again without good reason
  • Concern for the welfare of the people involved; if their situations have materially changed compared to when the original order was made, equity and fairness compel a change

DOES THE CHANGE IN CIRCUMSTANCES TEST APPLY TO YOUR CASE?

The legal standard for whether a child and spousal support should be modified is whether there has been a significant (material) change in circumstances. The circumstances may involve the paying spouse, the receiving spouse, or, when child support is involved, the child. The justification for the modification has to involve circumstances that are both:

  • Changed: information that has already been presented to the court, or was available to be presented at the court, will not be acceptable
  • Significant; the fact that the paying spouse received a $5 a week raise probably won’t do, but a $200 a week raise very well might

These changes may be permanent or temporary. Temporary changes warrant temporary modification whereas permanent changes necessitate permanent modification. If the belief as to permanence turns out to be incorrect, the parties can always request another modification. Typical changes in circumstances that may trigger a modification include:

  • New health problems for the child, increasing medical expenses
  • Discovery that the child has disabilities requiring special programs or rehabilitation
  • Sizable increases or decreases in income for either spouse
  • Health problems of the custodial spouse causing the need for added help with child care (depending on how serious this is, it could also serve as a ground for requesting modification of custody)

All circumstances that are presented to support the modification request must be prudently documented. This will increase the chances of getting a modification granted, and simplifies the hearing that will be held if the parties can’t voluntarily agree on the issue. Making the simple claim that a big change just happened will not be sufficient. For example, if you have suffered a disability that impacts your ability to work you will need sufficient medical documentation. Another example would be dated bills from a speech therapist, along with a report that describes the type and severity of the child’s injury and recommends speech therapy.

HIRE AN AGGRESSIVE FAMILY LAW ATTORNEY FOR YOUR SUPPORT MODIFICATION CASE

Whether you seek to get a support order modified or are facing an effort to have your support obligation increased, contact the compassionate family law attorneys at Mellman & Mellman, LLP. We are experienced family lawyers in San Diego who know the law of support and the practicalities of the people paying and receiving it. Promptness is very important for the noncustodial parent. Until the original order is changed, the underlying order remains in full force and effect. In the event that you are paying less than that amount, arrears are piling up and will be payable even after the modification is ordered. Contact Mellman & Mellman, LLP today and tell us about your current support situation. We will vigorously pursue or defend the modification request. 619-304-0600

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