Modification to Spousal Support
Many people who are getting divorced will have to make decisions about child support and spousal support. The non-custodial parent pays child support, and it is meant to help cover the cost of raising a child that they do not live with. Spousal support, also known as alimony or maintenance, is money that one spouse pays to help them stay financially sustained after the divorce.
When you get divorced, you can apply for temporary spousal support, which usually lasts only until your final divorce decree becomes permanent. You can then ask for spousal support based on what would be fair given your situation and the circumstances surrounding your case. A qualified Pleasanton divorce attorney can help you through this process.
How to Modify Temporary Spousal Support
Modifying a temporary spousal support order can only be done before a divorce becomes final. A request must be filed with the court with a declaration of the circumstances surrounding the reason why the modification should be made and a court date set. Paperwork must be served on the other party, and then the parties involved attend another court hearing. A decision is made at that time.
How to Modify Permanent Spousal Support
Once a divorce is finalized, you might want to change the permanent spousal support order. Modification is done similarly to the temporary orders. You must fill out a request for an order, fill out a financial declaration worksheet, and attach a declaration explaining why you think the modification should be made. A Pleasanton, CA, family law attorney can word these documents in a concise and unemotional manner.
When to Modify Spousal Support
There must be something called a “material change” in the circumstances to modify spousal support. Valid reasons for this vary from state to state, but many things might make a change possible in California.
- The person receiving spousal support lives with another romantic partner or remarries.
- A business fails.
- Retiring from a profession.
- Significant loss of assets.
- Significant increase in debt-to-income ratios.
- Long-term illness, injury recovery, or even disability prevent a person from working.
- If the person receiving spousal support becomes employed or comes into a significant amount of money, such as an inheritance.
- Involuntary unemployment or involuntary reduction of income.
For a loss of income when it comes to employment, the keyword is “involuntary.” Many people overlook this when they file. A good Pleasanton divorce lawyer will be able to tell you in most cases when or if your situation would qualify before filing with the courts, based on their experience. A family law attorney can also help you with your modification paperwork, even if both of you agree on the matter.
Choosing a Pleasanton CA Spousal Support Lawyer
No matter which Pleasanton, CA, spousal support lawyer you choose, you’ll want to make sure they listen to your information thoroughly. The law firm should appear organized in its processes, be willing to communicate the status of your case to you, and answer all your questions. Ideally, you want one specific lawyer in the firm to work on your claim, and if not, then the lawyers who will be handling your case should always be intimately familiar with the case details.
Contact Your Trusted Pleasanton Spousal Support Modifications Attorney
Navigating the spousal support or alimony support modification process can be a little tricky. As a trusted Pleasanton spousal support attorney firm, we have years of experience dealing with all aspects of family court situations. Leave it to us to do the paperwork for you and speak on your behalf in court. If you’re eligible to get spousal support modified, you deserve to have the court be able to evaluate it. Contact us today for an appointment!