Modifying Child and Spousal Support in California
Situations change. Your child support or spousal support (alimony) order may have seemed reasonable at first. But now, your children have changed households, you lost your job, your spouse re-married or some other significant event took place that affects your financial situation.
Certified family law specialist Debra J. Kay can help you bring an action or defend an action to modify child support or spousal support in California after your divorce.
Call or e-mail the Law Office of Debra J. Kay today to benefit from our 20-plus years of service to family law clients in Ventura and Los Angeles Counties.
Spousal Support Modification
There are specific rules about which spousal support orders can be modified:
- Material change in circumstances: There must be a material change in circumstances to modify a support order (e.g., one party is unable to work or a spouse remarries).
- No retroactive modification: You usually cannot modify the spousal support amounts that have already been paid.
- End of alimony order: Unless you were married for 10 years or longer ("long duration" marriage), you cannot file for modification after the alimony period has ended.
- Agreement to not modify: If you and your spouse agreed to refrain from modifying spousal support, you usually cannot modify it.
We will help you show the family court that your prior spousal support order was or was not adequate and that your cost of living has or has not changed.
Child Support Modification
There are often very good reasons to modify child support orders. For example, your kids may decide to live with a different parent or the economy might make it difficult to make ends meet. You can modify child support at any time.
In order to modify a child support order, you must show a material change in circumstances. The only times a child support order may be modified without a material change in circumstances are when:
- A child support order does not conform with the current state guidelines because it was ordered before the guidelines were enacted; or
- The parties initially agreed to a lower support order than the law requires.
No matter what the reason for modification, an experienced family law specialist can help you decide whether to modify your child support order or defend it as it stands.
Your Initial Consultation in Ventura and Los Angeles Counties
Schedule a consultation today with divorce and family law attorney Debra J. Kay. Our law offices can be reached by phone at 805.584.0577 or by e-mail.
Certified Specialist in Family Law by the California Board of Legal Specialization
