There are few things in life that are permanent. The courts understand that life does not remain the same forever, which is why it allows modifications to be made to your settlement agreement. If you are interested in modifying your spousal maintenance agreement, for example, the court will allow such an adjustment if the circumstances warrant it. In some cases, the recipient is no longer in need of it due to remarriage. However, modifications have a tendency to get complex, so it is crucial to consult a divorce attorney to ensure your interests are effectively represented and the process goes smoothly.
For now, read on to learn some important information regarding spousal maintenance agreement modifications.
If you decide to request a modification of your spousal support agreement, this can only be done if you can show a material change since the last order. This change must be substantial, however, or the court will not grant a termination or modification of the spousal support order. If the material change is a reduction in income, the court has the discretion to determine if this change was under your control. An ex-spouse cannot deliberately reduce his or her income to lower spousal support payments.
The following are some factors that the court considers when determining if there is a substantial change in circumstances:
When a spouse seeks to lower or terminate an existing spousal support order, the party seeking bears the burden of proof and must show a sufficient basis for this request. He or she must show a change in circumstances such as a change in employment, income change, change in health, or any other factor that might compel the court to consider the request. In cases where the passage of time is consistent with the statutory goal that the receiving spouse become self-sufficient within a reasonable period of time, this might be the only factor a court needs to grant the modification or termination.
If you would like to modify a spousal support order, you must file a Request for Order in the court where the original order or judgment was rendered. To ensure the best possible outcome, seek the assistance of an attorney experienced in handling such cases.
Are you interested in seeking a modification of your spousal maintenance agreement? At Cage & Miles, we understand that life is not static, which is why our team of San Diego family law attorneys are here to assist you throughout this process. We take great pride in helping families come to achieve the outcome they need by putting the law to work for them.
Contact our office today at (858) 943-2060 to schedule a free consultation with a knowledgeable member of our legal team!