8
Sep

In California, spousal support, also known as alimony, can be modified under certain circumstances. To modify spousal support, you typically need to demonstrate a significant change in circumstances since the original spousal support order was issued. Here are the general steps to modify spousal support in California:

1. Gather relevant information: Collect all necessary documentation related to your financial situation, including income, expenses, and any other relevant factors that may have changed since the original order.  You have the right to ask the ex-spouse for their current financial information by sending them an informal request for their Income and Expense Declaration, tax returns and paystubs.

2. Identify a significant change in circumstances: Examples of significant changes include a decrease or increase in income, loss of employment or disability, or a substantial change in custody. The change must be substantial enough to warrant a modification.

3. Negotiate with your ex-spouse: Try to reach an agreement with your ex-spouse on modifying the spousal support terms. If you can come to a mutual agreement, you can submit the proposed modification to the court for approval.

4. File a motion with the court: If you and your ex-spouse cannot agree, you will need to file a motion with the court that issued the original spousal support order. The court will review your case and make a determination based on the evidence presented.

5. Present evidence: During the court hearing, present evidence supporting your claim for modification, such as financial documents, employment records, or medical reports. It’s essential to demonstrate the substantial change in circumstances and how it justifies a modification of the support order.

6. Attend the court hearing: Attend the scheduled court hearing and present your case before the judge. Be prepared to answer any questions and provide additional information if requested.

7. Await the court’s decision: After considering the evidence and arguments from both parties, the court will make a decision on whether to modify the spousal support order. If the court approves the modification, a new order will be issued.

It’s important to note that the process for modifying spousal support can be complex, and it’s advisable to consult with an attorney who specializes in family law to guide you through the legal procedures and provide personalized advice based on your specific circumstances.