Understanding Spousal Support Modification in San Diego Family Court
What is Spousal Support Modification and Why Does It Make Such a Difference in Legal Analysis Whether Pre Judgment [Temporary Orders] or Post Judgment [Permanent Orders]?
Spousal support, also known as alimony, is a critical financial issue in a divorce. It involves payments that one spouse or ex-spouse is legally obligated to provide periodically to the other spouse or ex spouse following the divorce. While divorce decrees often specify how and when spousal support will or may be terminated, spousal support can also be legally modified or terminated under certain circumstances not stated in the decree.
If you are a payer or payee seeking information about modifying or terminating spousal support, the experienced San Diego spousal support attorneys at Doppelt And Forney San Diego Divorce Lawyers, can help. We proudly serve clients in San Diego, Chula Vista, Oceanside, Carlsbad, Vista, La Jolla, Point Loma, Coronado, Del Mar, Ramona, El Cajon, La Mesa, and other communities in the greater San Diego metropolitan area.
When Can Spousal Support Be Modified?
Today, men and women are regarded by divorce courts as equal economic partners and job market participants, even if during the marriage the couple fulfilled traditional roles. Spousal support orders aim to ensure that spouses leave their marriage with relative economic parity by requiring the higher-earning spouse to provide support to the lower-earning spouse until the latter can achieve economic parity or independence. This is important in both low and high-asset divorces where one partner earned the majority of the couple’s income while the other stayed at home.
In most cases, courts will specify the amount of support and include a termination date based on the marriage duration, the relative earning capacity of the spouses, and other factors. However, California courts recognize that the economic situation and status of either party can change from what was expected at the time of the divorce. Consequently, California courts allow either ex-spouse to seek a modification of an existing support order when circumstances warrant it.
The first legal analysis is whether the procedural posture of the case is pre or post judgment. If pre judgment, the Judge’s in San Diego Family Law Court often use the disso master program but {of course} have authority to deviate. For post judgment spousal support modifications, this is different and the Judge’s do not use the disso master to calculate the spousal support amount and, instead, use the factors listed in Family Law Code 4320. If the marriage is of long duration [meaning over 10 years], then unless there is an agreement, no termination date would be set by a Judge. This is explained in more detail below.
Material Change of Circumstances
The standard for a spousal support modification is a “material” change of circumstances. This is up the ruling of the Court whether this burden of proof has been met. For example, losing a job due to termination or lay off has been found a material change of circumstances. Voluntary resignation has not been found a material change of circumstances as will be listed below with other factors. A change in circumstances alone does not justify the automatic suspension, modification, or termination of spousal support obligations. The obligation continues until the court formally modifies the order, regardless of when the change occurred. The burden is on the payor to file a motion [Request for Order] and obtain a court date. Pending, current orders are in effect.
Some situations in which courts may grant a modification or termination of spousal support include:
- Cohabitation: When the payee ex-spouse is cohabitating with another person in an intimate relationship.
- Job Loss: When the payer ex-spouse involuntarily loses a job or suffers a reduction in income that makes it impossible to meet the support obligation.
- Lack of Effort: When the payee ex-spouse is not making an honest effort to become self-supporting.
- Income Increase: When the payee ex-spouse experiences an increase in income.
Spousal support automatically terminates if the payee ex-spouse remarries under California family law. The cohabitation basis for termination is intended to prevent situations where a payee ex-spouse engages in an intimate relationship just short of marriage in which they are being supported.
If the payor ex-spouse suffers a reduction in income, it must be involuntary. The payer ex-spouse cannot quit a job or take a demotion to reduce the support obligation. Additionally, the payee ex-spouse is obligated to attempt to achieve economic independence. Once the need for support ends, the payer ex-spouse may petition for termination. While spousal support payments may be modified downward or terminated, they cannot normally be modified upward (absent fraud or misrepresentation), even if the payor ex-spouse’s income increases.
Can Spousal Support Be Terminated or Waived?
In San Diego Family Law Court, spousal support can be waived and/or terminated. This is a complex legal issue that is fact-based and regulated by law codes. The court has broad discretion on almost all issues except the duration of spousal support in marriages lasting more than 10 years. For marriages over 10 years, the Judge does not have the legal authority to set a termination date for spousal support per California Family Law Code 4336.
Retain a San Diego Lawyer to Protect Your Financial Interests
If you need to seek a temporary order for spousal support or are paying spousal support and need modification of a spousal support order due to changes in your circumstances or your ex-spouse’s circumstances, you should seek legal advice promptly. Until an order is legally modified, whether it involves spousal support, child support, or custody, you have no legal right to deviate from its terms, regardless of your financial situation.
The sooner you initiate the modification process, the better, as it can take time. For legal advice and assistance, call one of the San Diego attorneys at Doppelt And Forney San Diego Divorce Lawyers, for a free in-person or virtual consultation.
How to Modify Spousal Support in San Diego
Modifying spousal support in San Diego involves several steps. Understanding these steps can help you navigate the process more effectively.
- Consult an Attorney: An experienced family law attorney can help you understand your rights and options. This is a very complicated process. If you not want to consult an attorney, you can contact the San Diego Family Law Facilitator’s Office and they can assist you in preparing the pleadings at no charge to you. If you do not meet the legal requirements in the pleadings and/or service of the pleadings, the Judge will deny even if your motion could have been granted. Preparing the pleadings yourself is not a recommended strategy.
- Gather Documentation: Collect all relevant financial documents, including pay stubs, tax returns, and bank statements.
- File a Request for Order: Your attorney or Family Law Facilitator will help you file a Request for Order with the court to modify spousal support.
- Serve the Papers: The other party must be formally notified of your request.
- Attend the Hearing: Both parties will present their cases at a court hearing, and the Judge will decide based on the evidence. In San Diego Family Law Court in 2024, it is possible to appear virtually via Micro Soft Teams for limited hearing and must file Notice of Remote Appearance.
At Doppelt And Forney San Diego Divorce Lawyers, we can guide you through each step of the process to help you achieve a fair and legal modification of your spousal support order.
Why Spousal Support Modification Matters
Whether you are seeking an initial spousal support order or decrease spousal support, or terminate it altogether, it is important to act quickly and with the guidance of an experienced attorney. At our law firm, we are committed to helping you protect your financial interests and achieve the best possible outcome in your case.
Contact our law firm today to schedule a consultation and learn more about how we can assist you with spousal support modification in San Diego. Our team is ready to provide the support and guidance you need during this challenging time.
Why Choose Doppelt And Forney San Diego Divorce Lawyers for Spousal Support Modification in San Diego?
At Doppelt And Forney San Diego Divorce Lawyers, we understand the complexities of spousal support modification. Our experienced family law attorneys are dedicated to providing personalized support and expert guidance to help you navigate the legal process. Here’s why you should choose us:
- Experienced Legal Advice: Our attorneys have extensive knowledge of California family law and stay updated on the latest legal developments. We are committed to ensuring that your rights are protected.
- Personalized Support: We take the time to understand your unique situation and provide tailored solutions that address your specific needs and concerns.
- Comprehensive Services: From filing modification petitions to representing you in court, we are here for you every step of the way.
Contact Doppelt And Forney San Diego Divorce Lawyers today to schedule a consultation and learn how we can assist you with your spousal support modification needs in San Diego, California. Our team is ready to provide the support and guidance you need during this challenging time.
Roy M. Doppelt
Partner
For nearly 30 years, San Diego family law attorney Roy M. Doppelt, Esq. has been providing clients in Southern California with comprehensive legal services. He is currently an active member of the California and San Diego Bar Associations, and he is admitted to practice law in both California and Illinois state courts, as well as the Federal District Court for the Southern District of California.
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