When parties separate, there is often an order for spousal or child support. This will remain in effect usually until one of three things happens; 1) the spouse remarries or dies, 2) the support terminates on a certain date, or 3) the child reaches the age of eighteen.
However, there is a fourth situation that could alter support payments: a change in circumstances.
This fourth situation is whether there is a significant change in any of the factors that the judge considers when ordering support. There are generally a wide variety of factors that judges consider for what constitutes a change of circumstance. The party requesting a change of orders is the party responsible for proving the change in circumstances.
Some of the factors the court may reconsider in changing the amount of support includes:
- The income of the parties has changed
- A party receiving support fails to become self-supporting or becomes self-supporting
- The child custody time share has changed
- The needs of the child have changed
- A parent is deployed
- A medical need has changed, or a party has retired
- A parent gets remarried or cohabitates with another person.
If you find yourself in one or more of the above situations, you can request to modify your support payment based on a change of circumstances. Because the court is allowed to order guideline support under Family Code Section 4053 and 4320, if the changes in circumstance in your case are substantial enough to change the amount of guideline support, then the court may modify or terminate support altogether.
Requesting a modification of support requires the income and expenses of each party to be disclosed including insurance, retirement income, unemployment benefits, disability status, debts, assets, and any custody arrangements. We recommend that you use an attorney well versed in fighting for changes of circumstances regarding spousal and child support. We have worked with countless cases to modify their support payments. Please contact us today to discuss your case.
