Oxnard, CA asked in Family Law for California

Q: Family Law, what is the criteria for getting an adjustment for spousal support?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: To seek an adjustment for spousal support in California, you'll need to demonstrate a significant change in circumstances since the original order was made. Changes can include job loss, a substantial decrease or increase in either party's income, or changes in the needs or health of either spouse. The court will carefully evaluate how these changes affect your ability to pay or the receiving spouse's financial needs.

The court also considers the duration of the marriage, the standard of living established during the marriage, and whether the receiving spouse has made efforts to become self-supporting. If children are involved, the court may assess whether the needs of the children impact the financial situation of either party. Keep in mind, both parties will need to provide documentation to support their claims.

If you're seeking an adjustment, it’s important to act quickly, as any modification typically won’t be retroactive. You’ll need to file a request with the court and attend a hearing where both parties can present their arguments for or against the change.

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.