A request to reduce spousal support in California is the topic of this blog post.
A request to reduce spousal support in California can be filed when you can show a material change of circumstances since the date of the last spousal support order.
Family Code § 3651(a) provides that, with specified exceptions, “a support order may be modified or terminated at any time as the court determines to be necessary.” An order for spousal support may not be modified or terminated, however, if the parties have so agreed in a written agreement or in an oral agreement entered into in open court pursuant to Family Code § 3651(d).
The law in California is settled that the party seeking a modification of spousal support has the burden of showing a material change of circumstances since the date of the last spousal support order.
A material change of circumstances may include situations such as:
A decrease in your income since the date of the last spousal support order.
The other party does not require the same level of spousal support due to a substantial increase in their income.
The California Courts of Appeal have ruled in published cases that a modification of spousal support is justified when the moving party has met their burden of demonstrating a material change of circumstances, since the last order was issued, in the relevant factors that affect need and ability to pay. A material change of circumstances is justified in situations where there has been a reduction or increase in the ability of the supporting spouse to pay and/or in situations where there has been a reduction or increase in the needs of the supported spouse. The trial court has very broad discretion in determining if a material change of circumstances exists.
Family Code § 4336(a) states in pertinent part that, “Except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains jurisdiction indefinitely in a proceeding for dissolution of marriage … where the marriage is of long duration.” Family Code § 4336(b) states in pertinent part that for the purpose of retaining jurisdiction, there is a presumption affecting the burden of producing evidence that a marriage of 10 years or more, from the date of marriage to the date of separation, is a marriage of long duration.
However a California Court of Appeal recently ruled in a published case that even if a marriage has been a lengthy one that by itself does not justify an unlimited spousal support award. Unless a spouse can show specific facts that show they are incapable of becoming self-supporting they cannot expect to receive spousal support payments indefinitely.
Sample points and authorities in support of a request to reduce spousal support in California for sale.
Attorneys or parties in California that would like to view a portion of a sample points and authorities in support of a request to reduce spousal support in California containing brief instructions, citations to case law and statutory authority and a sample declaration sold by the author can see below.
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The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. He believes in Father’s Rights as he has seen first-hand the incredible bias against fathers in the family law courts in California. He is currently working on creating digital products that will assist fathers both in California and throughout the United States to represent themselves without an attorney in Court regarding custody and support issues.
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Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.