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Change is Required to Modify Spousal Support in Carlsbad

On Behalf of | Mar 3, 2020 | Spousal Support

What change is required to modify spousal support in Carlsbad? Many people seem to believe spousal support orders are somewhat permanent. It may surprise you to learn the modification of spousal support is becoming more common each year in North County Family Law Courts.

Family law Judges and Magistrates often suggest that spousal support is meant to be temporary, although existing family law provides our courts great latitude – especially in cases where the marriage lasted longer than ten years.

One of the primary ingredients in a request to modify spousal support is a change in the “Status Quo.”  What economic or life factor has changed the status quo and does this warrant a modification of spousal support orders?

The Court will usually consider a well-reasoned request by the Certified Family Law Specialists at Burke & Domercq for modification or termination of spousal support.  We begin with a thorough review of your original divorce orders.  We evaluate the manner with which the judgment addressed the standard of living in your previous marriage, as well as the length and flexibility indicated by the spousal support orders themselves.  Did the Court issue a Gavron Warning in your case (requiring self-sufficiency within a period of time)?

If a Gavron Warning was issued with the spousal support order we review the length of time which has passed as well as the present incomes of each party.  How does present income relate to each income when the divorce decree was originally issued? Change is required to modify spousal support in Carlsbad and we must thoroughly document what has changed.

Regardless of the original orders, parties receiving spousal support should be moving toward a greater level of self-sufficiency each year.

There are other conditions which can support a request for immediate reduction or termination of spousal support.  For example, if the person receiving spousal support remarries or enters into cohabitation with another person there is often an opportunity to address spousal support.

Are you searching for information about seeking post decree modification of spousal support? Change is required to modify spousal support in Carlsbad and our Certified Family Law Specialists can help.  We invite you to review the recommendations of our clients and contact us or call 760-389-3927 to schedule an appointment with one of our experienced attorneys. We will review your case and provide sound counsel informed by decades of experience before Carlsbad family law courts.