When a divorce is finalized, most people feel a sense of relief knowing that the logistical processes surrounding their separation are finally complete. They may be surprised, therefore, if their ex-spouse takes action to try and modify some part of the divorce agreement a few months down the line.
Under certain circumstances, it can be possible for a divorced spouse to modify certain rulings that were made during the process of divorce. For example, they may want to change the amount that they are receiving or paying for child support, or they may think that the current spousal support ruling is unfair given the current circumstances.
When can child support or spousal support be modified in California?
There generally needs to be a tangible change in circumstances in order for a divorced spouse to file for a modification in child support or spousal support. For example, a request for a child support modification may be made citing a decreased income because of a lost job. In this situation, the parent will be trying to make their payments more manageable so that they are still able to meet their obligations.
Similarly, a modification request for child support might be made if there is a sudden increase in familial responsibilities. For example, if a child is in need of specialized medical treatment, child support may be increased to address the increase in family costs.
If you are subject to a child support or spousal support modification in California, it is important that you understand what types of requests are reasonable so that you can take appropriate action.