Law Offices of Keith Banks offers legal assistance to residents of Yolo, Sacramento, Solano and Placer counties working to modify a current child or spousal support order.
When dealing with spousal support, or alimony, the parties can agree to modify support at any point. If this happens, all the parties need to do is to put the new support terms into a written contract and ask the judge to turn it into an official court order. If you can’t agree, the court may be your only option.
You Might be Able to Ask the Court to Modify Support
Both spousal and child support orders can be subject to change. However, it is incumbent upon the parties to submit a request to the court to modify the order. The court will not adjust the support on its own without this request. Furthermore, be aware that the court will not modify support (primarily spousal support) if the original order contains any language that makes the support “non-modifiable.” Schedule an appointment with us to go over your original support orders to see if yours are modifiable.
When Can You Modify Permanent Support?
Both child and spousal support can be modified under certain circumstances. Those circumstances can include:
- Either parent becoming disabled;
- The cost of living increases;
- Either parent remarries and the new spouse’s income increases the household income significantly;
- The income of the supported spouse increases;
- The custody arrangement changes.
These are just some of the circumstances that can give rise to a modification of support. Just remember, that when it comes to spousal support, the court does look for the supported spouse to become self-supporting in a reasonable period of time.
Additionally, if you are the spouse paying the support, you may be able to completely terminate your obligation to continue paying spousal support if a sufficient change in circumstance can be shown. However, as discussed above, modification can be impossible depending on the language in the original order for support.