Can you reduce or eliminate spousal support in North County? The recent impact of COVID-19 on the local business community has affected the income of many households here in Carlsbad and North County. How will a layoff, furlough or the loss of a job affect your spousal support obligations?
Many people incorrectly believe that once a judge has issued a spousal or partner support order, it cannot be changed for the duration of the order. The fact is a spousal or partner support order can be modified if there has been a significant change in circumstances (known as the “status quo”) since the original order was entered.
To qualify as a change in the status quo to reduce or eliminate spousal support in North County the change must be such that the existing support order is no longer necessary for the receiving spouse or partner or no longer feasible for the paying spouse or partner to pay.
Examples of changes which may support the modification of a partner or spousal support order include loss of income, reduction in pay, the loss of a job (such as a COVID-related furlough), the remarriage of the receiving spouse or partner, the incarceration of the paying spouse or partner or a significant reduction in the paying spouse or partner’s income.
A spousal or partner support order can be modified by written agreement of the parties which is signed by a judge and entered as the new court order for the support. If the parties do not agree, one of the parties may file a motion with the court asking for a modification of the order. Parties should file for the modification as soon as possible after the change in circumstance, as the judge will not be able to modify the support order retroactively.
Mediation is another cost-effective, private and timely venue for resolving areas of dispute between the parties when one wishes to reduce or eliminate spousal support or partner support.
If you are paying spousal support or partner support and there has been a significant change in your circumstances you need the advice of our Certified Family Law Specialists.
Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation to learn more about how you might be able to reduce or eliminate spousal support or partner support in North County.