During a divorce in California, alimony—also known as spousal support—is decided using the quality of living each person enjoyed during the marriage. If one spouse will be unable to maintain the standard of living they had during the marriage, the other spouse will likely have to pay them each month to help them adjust to their new situation.
While spousal support is designed to last, there are some instances that it becomes an unfair burden to the person paying it. Or there are times when the person receiving alimony payments will need to have those payments increased. In these instances, they might be able to request a change of spousal support in California.
There are certain events that can enable the person paying spousal support to request a modification of it. First, an unexpected decrease in income can be the basis of lower alimony payments. For example, if a person paying spousal support lost their source of income, they can request the court to lower their payments to be more manageable with their new financial situation.
Another time a spousal support payment can be lowered is if the person receiving them has had a significant increase in their income. This can happen if they’ve obtained a new job or if they’ve remarried and now have a stable source of money from their new spouse.
Just as with requesting lowered payments, a person needs to prove to the court that their circumstances call for increased payments. When alimony is calculated during a divorce, the person receiving payments might have a job that affected how much those payments would be. If they lost their job or source of income, they might be able to request an increase in spousal support from the court.
Spousal support can’t be modified if a divorce agreement or another contract preventing a change was signed by both parties. Additionally, modification is not possible if both parties made an oral agreement preventing it in a court.
In some instances, something known as an Order of Fixed Duration can prevent modification of spousal support. Some spousal supports are only meant to last for a set span of time. Once this period passes, a court can’t extend or modify spousal support orders.
If you need to have your alimony payments modified, you’ll need to convince the court that doing so is warranted. Whether you need to have payments reduced or increased, working with an alimony lawyer from Law Offices of H. William Edgar can help you find the solutions you need. We’ll work with you throughout the process to gather evidence and provide a compelling reason to have your request accepted by the court.
Call us today for a consultation or to have your questions about alimony payments in California answered. We’re standing by to take your call now at (888) 251-9618.
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