Cindy J Hopper is a retired Family Law Court Commissioner who presided in two different family law departments at the Fresno County Superior Court. She knows the law and has real world experience in establishing spousal support or modifying spousal support. She has the expertise as a Certified Family Law Specialist certified by the State Bar of California Board of Legal Specialization and can assist you with your request for orders to modify and/or establish spousal support.
Alimony, also referred to as spousal maintenance or spousal support, is a series of payments made by one spouse to the other spouse during or after their divorce. Like many ongoing obligations after a divorce, spousal support payments can be modified when certain facts and circumstances exist. You must follow the proper procedures, however, to make sure modification is successful.
Under California law, most Spousal Support payments can be modified. At CJ Hopper Law, we will guide you through the process. If you want to establish spousal support or if you want to request a modification to a Spousal Support order, rely on us to provide the guidance and representation you need.
Factors to Obtain Modifications to Spousal support Payments
To modify court-ordered Spousal support, the court will consider any number of factors. Some of these factors could include:
- Changes in employment and the reasons for the changes (e.g., a demotion due to company-wide changes versus poor performance)
- Impairment of either spouse's earning capacity (e.g., one spouse was injured and cannot perform the same job functions)
- How long payments have been made versus how much longer until they are terminated (e.g., paid only for one year versus ten years)
- Whether the supported party has made an effort to become self-sufficient (e.g., long-term, progressive work experience versus sporadic work)
Dependent on a change of circumstances, a court must consider the factors found in California Family Code Section 4320 in determining the amount of the modification of Spousal Support. If the modification is approved, the court will confirm the payment increase or decrease in the new order granting the modification.
Enforcement of Modified Spousal Support in California
The existing spousal support order remains in effect until the petition to modify is approved by the court. Failure to continue abiding by the existing order can result in arrears. You could also be held in contempt of court, resulting in the possible issuance of a bench warrant for your arrest.
The same is true once the order granting modification is issued. The ex-spouse paying Spousal Support must comply with the order or else risk arrears, contempt of court, and other possible civil and criminal penalties.
Contact a Divorce Lawyer in Fresno or Madera California for Modification of Spousal support
Cindy J Hopper is a retired Family Law Court Commissioner who presided in two different family law departments at the Fresno County Superior Court. She knows the law and has real world experience in establishing spousal support or modifying spousal support. She has the expertise as a Certified Family Law Specialist certified by the State Bar of California Board of Legal Specialization and can assist you with your request for orders to modify and/or establish spousal support.
It's important to make sure you follow the proper procedures and provide adequate support for your reason to modify a current spousal support order. Not doing so can render your petition for modification useless. A Cindy J Hopper can help you in this effort. So, if you need a modification to an existing alimony order, or establishing a spousal support order contact CJ Hopper Law today at 559-396-4777 or online.