Spousal support is often one thing most spouses that pay them hate. While most of these accusations are probably from a rant of an angry spouse fed up of paying spousal support to his or her spouse, there are ways to reduce the amount of spousal support you have to pay over time.
Step 1: Analyzing and Understanding the Order
You should plan and prepare for your modification request beforehand, as simply coming up with a modification request and hoping for the best will likely not accomplish what you are seeking to do. Your modification request should have good cause if you want it to be entertained and applied.
Not all spousal support orders are the same in California. The first step to reducing the alimony is analyzing your order carefully. When analyzing your order, you can ask question such as:
* Does the order identify a certain standard of living?
* Is the order expanding the reasons for modification?
All these factors have to be considered before you can think of filing a modification request.
Step 2: Look For A Change Of Circumstances Since The Last Spousal Support Order
This is one of the most important steps in reducing spousal support. The court will only make a downward modification of the spousal support order if it sees that there has been a change of circumstances since the last order.
A change of circumstances has many examples such as a reduction in your income, the supported spouse has obtained a job or a better job, or the supported spouse is cohabitating with someone else. All these situations are an example of the changes that can be shown to the court to justify the court to grant a downward modification in the previous spousal support order.
Step 3: Gathering the Necessary Evidence to Reduce Spousal Support
The first and the second steps are important but can’t make an impact unless they are coupled with the third one. You should use the first and second only after you have gathered evidence for each in the third step. This means that for a claim of downward modification due to a decrease in your income, you should be prepared with proof concerning any change of circumstances.
Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.