Life can be unpredictable, changing from day to day. What worked in the
moment may not work in the future. The same goes for contracts made. Spousal
support is established to allow both individuals an equal maintenance
of their lifestyle. A couple may need to make changes as different situations
arise. In order to do so, exes will have to file for a modification in
spousal support. This will allow the contract to accommodate a change
Each divorce is different and unique. There can be many reasons why a couple
may need to change their spousal support. Some reasons include:
- The spouse paying the support losses their job or has a decrease in income
- The receiving spouse no longer needs the support
- There is suspicion that the spouse receiving the support is not making
an earnest effort to become self-sufficient
Steps You Will Need to Take for a Modification of Spousal Support in California
- Fill out the appropriate forms
Just like any other legal matter, there are forms that need to be filled
out before you can move forward. Depending on what type of modification
you are looking for, there are different forms appropriate for the situation.
Here are some common forms you may need to fill:
- Have forms reviewed and make copies
Before submitting any form of paperwork or legally binding document, you
want to make sure to have your divorce attorney review the information.
You do not want to cheat yourself of anything. Once you are sure of the
information, make at least 2 copies.
- File forms with the court
In order to receive a court date, you will need to file your paperwork
with the court clerk. He or she will place the forms where they need to go.
- Get a court date
After you file the necessary documents, you will receive a date to go to
court. Make note of it!
- Serve your ex the papers and file proof
Have someone outside yourself serve your ex with the modification papers.
Be sure to include blank forms of a Responsive Declaration to Request
for Order and Income and Expense Declaration. After your ex is served,
they need to fill out and return a
Proof of Service by Mail form.
- Go to court
Go to your court hearing and present your paperwork and proof to the court.
Consider legal representation to present your case.
If you realize that you need to change your spousal support, time is of
the essence. Until the court accepts the spousal support modification,
the couple must abide by the contract they had originally filed. In order
to reach a favorable agreement, you may need legal help. The certified
family law experienced at James D. Madden, Attorney at Law is ready to help.
Call today at (909) 992-0188 to schedule a free consultation today.