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Request to modify spousal support in California

by Stan Burman

A request to modify spousal support in California is the topic of this blog post. 

If you want to request that the court modify spousal support in California you must file a notice of motion or request for order with the court in order to initiate the process.

The law in California is settled that the party requesting to modify spousal support has the burden of showing a material change of circumstances since the date of the last spousal support order.

Published cases from the California Courts of Appeal have stated that a modification of spousal support is justified when the moving party has met their burden of demonstrating a material change of circumstances, since the last order was issued, in the relevant factors that affect need and ability to pay.

A material change of circumstances is justified in situations where there has been a reduction or increase in the ability of the supporting spouse to pay and/or in situations where there has been a reduction or increase in the needs of the supported spouse. The trial court has very broad discretion in determining if a material change of circumstances exists.

Family Code § 3651(a) provides that, with specified exceptions, "a support order may be modified or terminated at any time as the court determines to be necessary." An order for spousal support may not be modified or terminated, however, if the parties have agreed otherwise in a written agreement or in an oral agreement entered into in open court pursuant to Family Code § 3651(d).

Family Code § 4336(a) states in pertinent part that, "Except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains jurisdiction indefinitely in a proceeding for dissolution of marriage ... where the marriage is of long duration." Family Code § 4336(b) states in pertinent part that for the purpose of retaining jurisdiction, there is a presumption affecting the burden of producing evidence that a marriage of 10 years or more, from the date of marriage to the date of separation, is a marriage of long duration.

However I do want to stress that a California Court of Appeal recently ruled in a published case that even if a marriage has been a lengthy one that by itself does not justify an unlimited spousal support award. Unless the supported spouse can show specific facts that prove that they are incapable of becoming self-supporting they cannot expect to receive spousal support payments indefinitely.

Attorney or parties in California that would like to view a 9 page sample points and authorities in support of a notice of motion or request for order to modify spousal support containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a sample declaration sold by the author can use the link shown below.

Sample motion to modify spousal support in California by Stan Burman on Scribd

 

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

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