Modifications to Spousal Support

Kent Tierney

Spouses and domestic partners may require that a spousal support order that was made by a California judge be changed. If you’re in this case, you’ll need to prove that your circumstances have changed since the issuance of the spousal or partner support order was issued. This indicates that between the time of the order and now, something important occurred, and a spousal support attorney in Pleasanton CA can assist you.

Reasons For Support Modification Request

A support order might require an update for a variety of reasons. Perhaps the individual receiving help no longer requires it, or perhaps the person paying support has experienced a substantial decrease in earnings and cannot afford the support amount anymore, which a Pleasanton divorce and family law attorney can help you prove.

When the receiving spouse/partner is lackluster to becoming self-sufficient, the paying spouse/partner may implore the court through a Pleasanton family law attorney to terminate the support order. Alternatively, if a supported spouse/partner remarries, the support must be terminated.

If they can agree to a new spousal or relationship support amount, they can write it up as an agreement/stipulation and have a divorce attorney in Pleasanton CA, submit it to the judge for signature to make it a new court order.

If no agreement can be reached by the spouses, the person who wishes to modify must file a court action requesting a “modification” of their current spousal support figure.

Is A Verbal Agreement Enforceable?

The current spousal or partner help amount and order can not be altered until the new order is signed by the judge.

So, even though you and your spouse/domestic partner have a verbal arrangement to change the spousal or partner support number, write it down for a judge to sign to protect yourself.

As a result, you’ll have a new support order with the current number.

Why You Can Immediately Request a New Spousal Support Court Order

If any of the variables initially assessed by the judge changes significantly (for example, if the paying spouse/income partner’s decreases due to job loss or reduced work time), you must act quickly with a Pleasanton spousal support attorney to update your spousal support order to indicate the changes.

People always put off changing their support order because:

  • They believe that the work loss or income reduction is only temporary; they are depressed and worried, and not thinking about the support order at the time;
  • They are in a position (such as jail or prison) where filing court papers is extremely difficult;
  • They believe it would be simple to amend the order later when they have more time, are less depressed, or are no longer in jail;
  • They had another excuse that took priority over going to court.

However, if you delay, you will be unable to modify your spousal or partner to help your job loss income reduction date. It would help if you let a Pleasanton spousal support attorney from Tierney Law Group assist you promptly.

This is due to the fact that spousal or partner assistance cannot be adjusted after the fact. If you lose your job a few months ago and are only now filing papers in court to amend your support order due to a lack of income, the judge cannot make a retroactive order. Only from the date of filing for a shift will the judge change your spousal or partner help.

So, if anything happens that necessitates an adjustment in the amount of spousal support, you must act quickly. You can get assistance even if you are incarcerated: send a letter to the Pleasanton CA family law attorney at Tierney Law Group to assist you in filing papers in court by mail.

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