San Diego Family Law Attorneys
Discussing Spousal Support Modification

There are some California divorces that result in an order for spousal support to be paid by one spouse to another for a variety of reasons.  When these orders are entered, they tend to be seen as orders that are generally permanent in nature.  Fortunately, that is not necessarily the case, as there are different scenarios that are basically founded on fairness that allow for spousal support orders to be modified.  Those who have reason to pursue such a modification should seek the help of experienced San Diego family law attorneys, and below is a brief introduction to this issue.

Reasons for a Modification in California Spousal Support

There are a number of specific reasons that can arise that lead to a finding that spousal support should be modified in California, and the legal standard that the court tends to use is known as a material change of circumstances.  This material change can occur in several different ways, and when someone files an Order to Show Cause with the court, similar factors will be used to decide whether that spousal support order should be modified as were used when originally deciding on the issue during the divorce.  Examples of these factors include:

• The ability to maintain the marital standard of living in relation to earning potential for each party
• Contributions to the other spouse’s education, job training and the like
• The supporting spouses ability to pay the support
• Duration of the marriage
• Age and health of the parties

There are other factors that can be and are used, but when someone decides to attempt to modify spousal support, that person needs to show that a material change in circumstances has occurred when applying these factors.

Examples of Material Changes in Circumstances

While every case is different and every situation is somewhat unique, there are certain situations that can arise that can lead to a modification of spousal support.  Examples of these common situations include:

• The loss of income of the supporting spouse
• A substantial rise in the income of the spouse receiving support
• Cohabitation of the spouse receiving support
• A refusal of the spouse receiving support to find employment when generating income is possible

Once again, there are many scenarios that can arise, but the bottom line for anyone who feels that things have changed and that their spousal support order should do so accordingly should take immediate steps to get this process moving.

If you would like to look into the possibility of modifying your California spousal support order, you need to obtain the help of San Diego family law attorneys who have helped many clients achieve a level of fairness with this situation.  Contact the law offices of James D. Scott today to schedule an initial consultation.