Q: Need to have spousal support reduced or eliminated; afraid going back to court will only result in having to pay more
Divorce was granted about 14 years ago, and spousal support was awarded to my former spouse with no end date stipulated. I was diagnosed with a degenerative neurological condition and cognitive impairment about 5 years ago and have not been able to work full time for the past 3 years. My former spouse was not working when we divorced but has been working for the past few years. I can no longer afford to pay spousal support in the amount awarded (or at all for that matter), but I'm worried that going back to court to get spousal support payments reduced or eliminated will only result in me having to pay her more. Is this a possibility.
A:
In California, spousal support can be modified if there is a significant change in circumstances. Since your diagnosis and reduced work capacity represent a substantial change, you have grounds to request a reduction or termination of spousal support. Additionally, if your former spouse is now employed, this could further support your case.
However, it's important to present a clear and detailed account of your financial situation and medical condition to the court. Gathering evidence such as medical records, employment history, and income statements will be crucial. The court will evaluate both your ability to pay and your former spouse's need for support.
While there is a risk that the court could assess your current situation differently, if you provide strong evidence of your changed circumstances and financial hardship, it is likely to consider reducing or terminating the support. Consulting with a legal advisor who is knowledgeable about California family law can help you navigate this process effectively.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
