A divorce or legal separation in San Diego can involve one or multiple judgments that require one spouse to financially support the other. The decisions made and amounts assigned in spousal and child support are based on the financial standing of the parties at the time the order is given. If either spouse experiences a substantial change in circumstances after this time, modifications can be requested.
What Is a “Substantial Change in Circumstances”?
A change of circumstances in the context of a divorce case means an alteration in one spouse’s financial status, standing or career that affects their ability to pay a divorce judgment or increases their income enough to warrant a review. If the change is substantial, it means there is a significant enough difference from when the original decree was issued to merit a court-approved modification.
What Qualifies?
In California, the courts only allow a spousal support (alimony) or child support order to be altered if the person requesting the change can show a “material and substantial change in circumstances regarding a party’s income.”
Circumstances that may qualify for support order modification in San Diego include:
- The loss of a spouse’s job
- A significant demotion or promotion
- A major shift in how much time either parent can spend with the child
- A change in the child’s care needs or expenses
- Parental relocation and custody changes
- Remarriage and cohabitation
- New dependents introduced to the family
In general, a minor change in circumstances or a small increase or decrease in income is not enough for the courts to approve a modification request. The change must be substantial enough that the current arrangement is no longer possible for the supporting party to pay or in the best interests of the child.
How to Request a Modification of Child or Spousal Support in San Diego
In San Diego, the courts will allow a modification to the amount of spousal or child support paid if both spouses agree to the change. If you and your ex can agree on the new terms, you can submit your new written agreement to the court for approval. The order will then be changed to the new amount from that time forward.
If one spouse wishes to fight against the modification request, however, the case may need to go to court. In this situation, the requesting party must prove with evidence that there has been a substantial change in their circumstances that makes a modification reasonable or in the best interests of the child.
In other words, if the family court judge had known about the change in circumstances at the time of the original order, it most likely would have led to a different ruling. The burden of proof in a modification request in California rests with the person requesting the change. The other spouse or parent has the right to counter the request with evidence of their own if desired.
How a Lawyer in San Diego Can Help With a Modification Request
Whether you are the spouse who has experienced a substantial change in circumstances since your divorce or your ex is requesting a support order modification, an experienced divorce lawyer in San Diego can help you achieve your goals.
The right lawyer can represent you during negotiations, mediation or a court hearing to protect your legal rights. For more information about support order modifications, contact Boyd Law to schedule a consultation.
