How to reduce or eliminate spousal support in California

Pierre Domercq Divorce

Many people incorrectly believe that once a judge has issued a spousal or partner support order, it cannot be changed for the duration of the order. Contrary to this idea, a spousal or partner support order can be modified if there has been a change in circumstances since the original order was entered.
To qualify as a change in circumstance, the change must be such that the existing support order is no longer necessary for the receiving spouse or partner or no longer feasible for the paying spouse or partner to pay. Examples of changes that may support the modification of a partner or spousal support order include the remarriage of the receiving spouse or partner, the incarceration of the paying spouse or partner or a significant reduction in the paying spouse or partner’s income.
A spousal or partner support order can be modified by written agreement of the parties that is signed by a judge and entered as the new court order for the support. If the parties do not agree, one of the parties may file a motion with the court asking for a modification of the order. Parties should file for the modification as soon as possible after the change in circumstance, as the judge will not be able to modify the support order retroactively.
Significant events in one’s life might be cause to have certain orders reviewed by legal counsel. A family law attorney may be helpful in modifying an existing spousal or partner support order.