As part of most
divorces in California, the
family law court will want to assign
spousal support to be paid by the spouse of greater income to the other. The objective
is allowing each spouse to continue enjoying a standard of living similar
to that experienced during the marriage. In some cases, spousal support
– also called alimony – is the only thing that prevents one
spouse from falling into financial straits after the divorce finalizes.
However, spousal support is calculated based on current financial situations
and what can probably be expected in the future. It does not account for
everything that can happen, including financial emergencies. It is entirely
feasible that the ex-spouse paying the alimony will no longer be able
to afford those payments, or the person receiving it will not be able
to support themselves with the current payment amount. When either situation
happens, it is time to consider using a
spousal support modification.
Unexpected Circumstances Call for Unexpected Fixes
If you have fallen on hard times and spousal support is not helping, then
requesting a spousal support modification might be able to fix it. You
can either request to pay less or receive more, depending on your divorce
agreement. The court will not approve just any modification, though. In
order to have the changes approved and put into action, you need to show
undoubtedly that you have fallen on hard times and that it is largely
not your fault.
You might be able to get your modification approved if you:
- Fall ill or become seriously injured.
- Lose your job unexpectedly.
- Need to relocate to keep your job.
- Pay spousal support and your ex-spouse remarries.
When you are requesting more alimony to be paid to you, understanding your
ex-spouse’s financial situation is necessary. No matter the difficulties
you are facing, the modification will not likely be approved if it would
also put your ex-spouse into similar hardship.
For more information and legal guidance about spousal support modifications
in California, call
805.633.4999 and speak to me, Westlake Village divorce Attorney Jeffrey Graff. I have
more than 30 years of legal experience with a focus on family law I can
put to good use for your case. During a free initial consultation, I can
help you determine the correct place to start for your modification.
Contact me today to begin.