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Spousal & Child Support Modifications | California Divorce | Divorce 661

Spousal & Child Support Modifications | California Divorce | Divorce 661

If you need to modify spousal support or child support after your California divorce has finalized, known as a post judgment modification, there are a few reasons you can do this. For purposes of this article and video we are talking about modifying support based on a change in one parties income.

 

To file a motion or Request For Order as it is known to request a change in either spousal support or child support, there needs to be a change in circumstances. A change in one’s income is a suitable change in circumstances to file a motion to request the court modify support.

But, before you run out and go through the court process to file a motion to modify support, I always advise my clients to first attempt to figure it out on their own, outside of court.

For example, lets say that the payor spouse (the one paying) has their income reduced say due to a change of employer or perhaps they took a job out of state that paid less. I would recommend you first speak with your ex spouse and let them know the reason and need to reduce support.

Of course they will not be happy with receiving less, however one way or another, if your income has changes, the courts will likely reduce the support anyways, so might as well do it the easy way.

First thing you should do is give me a call so i can run the numbers through the court’s dissomaster software to see what the new support amount may be. Then you can take a copy of the printout and show your spouse and if you guys agree to the new numbers then it is just a matter of preparing a stipulation and order regarding the modification of support.

This is a much better way than having to go through the courts.

Tim Blankenship – who has written posts on Divorce 661.