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Modifying a Spousal Support Agreement


Nothing in life ever remains the same, so neither should your spousal support agreement. In California, spousal support orders can be permanent or temporary, but if either you or your ex-spouse’s circumstances change, it is possible for you to request that a judge review your support agreement to make any appropriate changes. If you believe your spousal support agreement should be modified or terminated, seek skilled legal assistance as soon as possible to ensure you are able to navigate the process and obtain the most favorable results.

When is the Right Time for a Modification?

There are numerous situations in which you might be able to have your spousal support order modified. This can include:

  • You reached the age of retirement and will now experience a reduction in income
  • You were fired, laid off, or your hours were reduced
  • You recently became disabled or are suffering from a mental condition that has rendered you unable to continue to make payments
  • You are self-employed and business is not going well
  • Your former spouse experienced an increase in income
  • Your former spouse remarried or moved in with a new partner

Any of these aforementioned changes in circumstances can warrant a modification in our spousal support agreement, so do not hesitate to reach out to an attorney. Generally, unless the parties have agreed to the contrary in writing when a supported spouse remarries, the spousal support order will automatically be terminated. Additionally, cohabitation would also result in a termination of spousal support, but a romantic relationship must first be proven.

Temporary Modifications

If the changes in circumstances are only temporary, it is also possible for a modification to be made temporarily. For example, if you were making spousal support payments and lost your job, temporarily resulting in a loss of income, your payments could be temporarily decreased until you obtain a new job.

If you wish to seek a modification to your spousal support payments, your former spouse would have to be served a Request for Order with California Code of Civil Procedures Section 1005(b) at least 16 days prior to the scheduled hearing. At this hearing, both you and your former spouse must be present and prepared to present your respective cases. Having skilled legal representation on your side at this time will make all the difference in whether or not you are able to successfully achieve a modification to your spousal support agreement.

Family Law Attorney in Rancho Cucamonga

At Chung & Ignacio, LLP in Rancho Cucamonga, our family law attorneys have the skill and knowledge to help you navigate any legal matter, even a modification of your spousal support agreement. If circumstances in your life or your former spouse’s life has changed, this might warrant a modification in your spousal support order. Reach out to our team today to find out what your options are.

For the effective legal representation you deserve, contact our law office at (909) 726-7112 to request your free initial consultation with one of our family law attorneys.