Can Spousal Support be Modified

Can Spousal Support be Modified Post-Decree in Carlsbad

Pierre Domercq Post Decree Modifications

We are often asked “can spousal support be modified after divorce orders are issued in Carlsbad?’ The answer is “yes” as long as there is a valid reason for the Court to consider your case and issue the orders.

What the Court is looking for from a legal perspective is called a substantial change in the “Status Quo.” In other words, “What has significantly changed which warrants a change in spousal support?”  In most recent divorce decrees the Judge in your case attempted to make note of the “Status Quo” at the time of your divorce.  How much were each of you earning, what was the opportunity for each of you to gain meaningful employment and what role did each of you play during the course of the marriage?

One example of a change in the status quo could be the remarriage of the party receiving spousal support. In many cases parties will simply live with one another in order to preserve incoming spousal support.

The experienced post-decree modification attorneys at Burke and Domercq have decades of experience in these cases. We may be able to demonstrate that while the parties have not legally married, their present living conditions have had a significant and positive economic impact on the party receiving spousal support which deserves the Court’s review and ultimately orders to reduce the spousal support itself.

Changes in the status quo include substantial gaining meaningful new employment, increases or decreases in income for either of the parties, a substantial financial windfall such as commissions or a lottery win, or the loss of a job.

The apparently simple question “Can spousal support be modified post-decree” is actually legally quite complex. If you would like to seek modification of spousal support orders we invite you to protect your own interests and contact us or call 760-434-3330 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.