How to Request a Spousal Support Modification in California

Understanding when and how to change your alimony order

Spousal support, also known as alimony, isn’t always permanent. Life changes, and when they do, either spouse may have grounds to ask the court to increase, decrease, or terminate an existing support order. Whether you’re paying or receiving support, understanding the legal process and what qualifies as a “change in circumstances” can help you take the right steps toward a fair outcome.

At Cage & Miles, our certified family law specialists help clients across California navigate complex spousal support issues, from initial orders to post-judgment modifications. All with clarity, precision, and strategic advocacy.

When Can You Request a Spousal Support Modification?

Under California Family Code §3651, either spouse can request a modification or termination of spousal support at any time after the original order is issued, as long as they can show a material change in circumstances since the last order was made.

Common qualifying changes include:

• A significant change in income, such as a job loss, demotion, or a major pay increase.
• The supported spouse becomes self-supporting or experiences improved financial stability.
• The paying spouse retires or suffers a reduction in earning capacity.
• A change in health status that affects either party’s ability to work.
• The supported spouse remarries or cohabits with a new partner.
• Major changes in expenses, such as medical costs, education expenses, or relocation.

Courts review each case individually. Even if your circumstances have changed, the court must still determine whether a modification is fair and consistent with California’s support guidelines and the marital standard of living established during the marriage.

“A common mistake is failing to show a material change of circumstances since the last spousal support order. California courts will not modify or terminate support without clear evidence of a significant change such as a substantial shift in income, employment, or financial needs. People also often overlook the specific terms of their original judgment or agreement, including provisions that make support nonmodifiable or limit when it can be changed. Another frequent error is not providing adequate documentation to support the request, such as proof of reduced income or evidence of the supported spouse’s changed circumstances. Finally, procedural missteps can result in the court denying the request such as missing filing deadlines or failing to accompany the request with an updated income and expense declaration.”

‍— Ashley Bell, Family Law Attorney

The Legal Process for Requesting a Modification

Changing a support order involves more than a verbal agreement between spouses. You must formally petition the court. Here’s how the process typically works:

1. File a Request for Order (RFO)

To begin, you’ll need to complete and file Form FL-300 (Request for Order) with your local family court. This form allows you to specify what modification you’re seeking and why.

2. Provide Supporting Documentation

Include Form FL-150 (Income and Expense Declaration) and any evidence demonstrating your change in circumstances, such as pay stubs, tax returns, medical records, or proof of cohabitation.

Accuracy and transparency are essential; incomplete or misleading information can delay your case or undermine your credibility.

3. Serve the Other Party

The other spouse must be formally served with the paperwork so they have the opportunity to respond.

4. Attend the Hearing

At the hearing, both parties (and their attorneys) can present evidence and arguments. The judge will review the facts and determine whether to modify, reduce, or terminate the existing support order.

“Some real-world examples (these scenarios are not uncommon):

A paying spouse working in the tech sector was laid off. They provided documentation showing that the job loss was involuntary, that they applied for new positions, and that their unemployment benefits were far less than their prior salary. Support was modified temporarily, with a review date, until they became re-employed.

Retirement at a typical retirement age is another example. Retirement was planned, voluntary, and made at a customary age. Because income dropped substantially and predictably, the court found a material change in circumstances and reduced support to match the new fixed income.

Another example is a supported spouse who was initially working part-time, completed training, received a promotion, and began earning significantly more than at the time of judgment. With verified income records showing a substantial jump, the court found a material change and reduced support to reflect the new financial landscape.”

‍— Elisa Kisselburg, Family Law Attorney

How the Court Evaluates a Spousal Support Change

Judges don’t make these decisions lightly. They evaluate several factors under California Family Code §4320, including but not limited to:

• The duration of the marriage and the marital standard of living.
• Each party’s earning capacity and financial needs.
• The age and health of both parties.
• The contributions each spouse made during the marriage (such as supporting a career or caring for children).
• Whether the supported spouse has made good-faith efforts to become self-supporting.
• Any instances of domestic violence or financial misconduct.

“Courts have broad discretion to interpret the term ‘self-supporting’. The marital standard of living is generally a benchmark, especially immediately after separation. But, a spouse that has been out of the workforce for ten, fifteen, or twenty years may not ever be expected to reach that standard without aid. In those instances, the Court might continue to support for many years despite other changes. Clearly explaining a spouse's ability or inability to increase their earning capacity is an important issue that impacts support for years.”

— Dillon Clayton, Family Law Attorney

Temporary vs. Permanent Support Orders

Not all spousal support orders are the same.

• Temporary support is typically ordered during divorce proceedings and is easier to modify based on income changes.
• Permanent (long-term) support is set as part of the final divorce judgment and requires a more substantial showing of changed circumstances to alter.

"Permanent support in the context of spousal support can create some misunderstandings. Though it is a phrase that is used in the legal context, it does not mean that court-ordered support will be permanent in the sense that it will never change. Since the court has a lot of discretion to make orders regarding temporary and final orders on spousal support, it is important to get solid legal advice on this very important issue.”

‍— Elisa Kisselburg, Family Law Attorney

Understanding the difference can help you and your attorney determine what evidence is needed to support your request.

What Happens If You Don’t Pay Spousal Support?

Failing to comply with a court-ordered spousal support obligation can lead to serious legal and financial repercussions in California. Because spousal support is a legally binding order, the court has multiple enforcement tools to ensure compliance and protect the supported spouse’s rights.

Legal and Financial Consequences

If payments are missed or stop altogether, the court may issue enforcement orders that include:

Wage Garnishment:

The court can order your employer to automatically deduct spousal support payments directly from your paycheck. This continues until all arrears and current obligations are paid in full.

Liens on Property or Bank Accounts:

The supported spouse may obtain a lien against your real estate, vehicles, or other assets. The state can also intercept funds from your bank accounts or tax refunds to satisfy outstanding balances.

License Suspensions:

California law allows for the suspension of your driver’s license, professional license, or even business license if spousal support remains unpaid. This enforcement method is designed to encourage compliance by restricting privileges until arrears are resolved.

Interest on Unpaid Support:

Any overdue amount (arrears) continues to accrue 10% interest per year under California law. Over time, this can significantly increase the total amount owed.

Contempt of Court:

Willful failure to pay court-ordered support can result in being held in contempt of court. Consequences may include fines, mandatory community service, or even jail time.

Take Immediate Action If You Can’t Pay

If you’re facing financial hardship, such as job loss, illness, or a reduction in income, it’s critical to act quickly rather than stop paying on your own. Courts cannot retroactively change a support order before the date you file your modification request.

This means that even if your financial situation worsened months ago, you’ll remain responsible for the full amount owed until your formal request for modification is submitted.

Filing promptly protects you from accumulating unnecessary debt and shows the court that you are acting in good faith.

Tip: Never ignore a payment issue. Contact an experienced spousal support modification attorney as soon as your circumstances change to explore options for reducing or suspending payments legally.

How Cage & Miles Can Help

At Cage & Miles, our attorneys specialize in guiding clients through complex post-judgment modifications, including spousal and child support. We help you:

• Evaluate whether your situation qualifies as a substantial change.
• Prepare accurate financial documentation and supporting evidence.
• Negotiate with your ex-spouse to reach a fair agreement whenever possible.
• Represent you in court to protect your financial interests and legal rights.

Our team includes Certified Family Law Specialists recognized for their expertise in support and high-asset divorce cases. We understand the stakes and work to help you achieve a modification that reflects your current reality.

Key Takeaways

• You must prove a material change in circumstances to modify spousal support.
• File a Request for Order (FL-300) and submit evidence like income changes or retirement.
• The court considers multiple factors under Family Code §4320 before making any changes.
• Do not stop payments without a formal court modification.
• An experienced family law attorney can improve your chances of success.