As circumstances change, individuals may need to make modifications to their spousal support (alimony) agreements. For example, someone receiving alimony may no longer need this financial support due to the fact that he or she became self-sufficient or has remarried. Or, an individual paying spousal support might no longer be able make payments due to changes in his or her income level or employment. For example, that person may have lost his or her job or had a significant reduction in hours. In order to make a change to alimony or to end it altogether, a person must prove to the court that a significant change has occurred, such as the ones mentioned here.
The person requesting the change will need to file certain court forms, such as the Request for Order and the Income, Expense Declaration and possibly the Spousal or Partner Support Declaration Attachment. The requester must have the court papers properly served on the other party. These steps are followed by a court hearing, where the individual who is asking for the change must bring all necessary evidence that a modification is merited. The evidence, for example, might include documents that show how much money the request makes and how much money he or she pays in expenses. If the parties in the case do not reach their own agreement, the family court judge will make on based on the evidence.
Have you realized that your alimony agreement needs to be adjusted? If so, it is important that you take immediate action. This is because you generally cannot have spousal support obligations modified retroactively. This means that if you lost your job a couple of months ago but are just now requesting a modification with the court, you will still be responsible for paying support for those past few months, even if you get your modification granted. By turning to The Hunter Law Group, you have the chance to work with a highly skilled Mission Viejo divorce lawyer who will walk you through each step of the spousal support modification process. Contact us for legal assistance!