Life never remains the same, so it stands to reason that your spousal support order should also be subject to change. There are many circumstances in which the court will grant a modification of a spousal support order, whether you are requesting an increase or a reduction. However, the change in financial circumstances must be significant for such a request to be granted.
If you and your former spouse are on friendly terms, consider discussing your spousal support payments and work toward creating a new arrangement. If successful, make sure your new arrangement is approved by a judge. Otherwise, if your ex-spouse no longer supports the agreement, you might be responsible for paying the amount of spousal support you subtracted from your payments. It is far better to be safe than sorry.
Requesting a Modification of Spousal Support
If you and your spouse cannot reach an agreement regarding a spousal support modification, you can request a judge to examine your case and determine if a modification should be granted.
Below are some of the reasons why a judge might consider granting this request:
- Cost of Living Adjustment (COLA): If you have an escalator clause in your divorce decree, your spousal support payments will increase at the rate of the annual cost of living. Having a clause like this included in your divorce decree is beneficial for both parties and reduces the need for requesting modifications.
- Your former spouse is cohabitating with a new partner: If your ex is living with a new partner, a judge will likely reduce or terminate spousal support payments.
- Your former spouse gets married: If your ex remarries, your spousal support payments would automatically be terminated, unless otherwise stipulated in a prenuptial agreement.
- You have new support obligations: If you were to remarry and have a child, the court might consider reducing your spousal support payments to lessen your financial burdens as you try to provide for your new family.
- You or your former spouse becomes disabled: If you or your spouse develops a disability, it will certainly impact your spousal support payments, resulting in either a decrease or increase, depending on which party becomes disabled.
Discuss Your Case with an Experienced Family Law Attorney Today!
If you need a modification of your spousal support payments, the team at Aharonov & Revy Family Law, LLP can effectively assist you in pursuing this request. Our family law team has the experience and insight necessary to ensure you are able to obtain the results you need. We understand that a spousal support order cannot remain the same throughout the years and that your needs and obligations will constantly change and require adjustments to be made. Turn to us for big firm results and small firm attention.
Get started on your case and contact us at (818) 960-1330 to set up an initial consultation with one of our knowledgeable family law attorneys.