How Can I Modify or Terminate Alimony in Orange County, Irvine, Santa Ana; Anaheim, California?
When an alimony or spousal support order is made in California, it is permanently binding as long as the terms of the order are met. However, there are certain circumstances where either spouse may want to modify the spousal support order or terminate it altogether.
To change or terminate alimony in the OC, either the spouses can agree on a change, write it up and have a judge sign it into a new spousal support order, or either spouse or partner can initiate a case with the court for a modification of the court order.
Under What Circumstances Can Spousal Support be Modified or Terminated in Southern California?
Spousal support orders can be modified in California for several reasons.
The spouse or partner receiving spousal support may no longer need it, due to new income, or remarrying. The receiving spouse or partner may have been required to put a good faith effort into finding gainful employment, and if he or she either finds sufficient employment or fails to put effort into finding employment, the person paying spousal support may file to have the order modified.
The spouse or partner who is required to pay spousal support may no longer to be afford the payment, due to job loss or being put in jail or prison, in which case he or she may request that the order be modified.
If you are not sure whether your situation qualifies for a modification of the spousal support order, discuss your situation with a qualified family law attorney in Orange County.
When Should I Ask for a Modification of a Court Order?
It is always important to ask to have your court ordered spousal support modified as soon as possible. The person required to pay spousal support is legally obligated to do so until the modification has been legally approved by the Court. Court orders cannot be retroactively modified.
If you are facing financial issues for any reason and are unable to make your spousal support payments, it is critical that you contact an attorney who is skilled at modifying court orders as soon as possible.
How Do I Modify a Spousal Support Order in California?
The first step in filing a motion to modify a court order in California is to retain an attorney.
You and your attorney will need to obtain the following forms:
• A Request for Order
• An Income and Expense Declaration
• You may need a Spousal or Partner Support Declaration Attachment
• A Declaration or an Attached Declaration
Your attorney can help you fill out the paperwork correctly or review it when you have finished. If you fail to have a lawyer look over your paperwork prior to filing it and you do have mistakes, your case could be thrown out.
Prior to filing your forms with the court clerk, make sure you have at least two copies of the forms in addition to the original. The court clerk will file the original, and you and your former spouse or partner each will get a copy.
The clerk will give you a court date, and you will have to have the papers served on your spouse or partner. To do this, A Request for Order must be served on your spouse or partner at least 16 days prior to the court date.
To serve your former spouse or partner, you will need an adult over the age of 18 who is not involved in the case, or a process server, to deliver the forms to your former spouse or partner and file a Proof of Service with the court.
You may be required to attend mediation prior to your court hearing. If you and your former spouse or partner are able to come to an agreement in mediation, you may not need to have a court hearing; simply draw up an agreement with your former spouse or partner and have it approved by the judge and signed into a new spousal support order.
If mediation did not work for you and your former spouse or partner, you will have a hearing. At your hearing, make sure to bring a copy of your Proof of Service and all other paperwork. In order to show that you need to modify the spousal support order, bring any financial documents that show a reason why the order should be modified. Your attorney can help you prepare for this meeting, and attend it with you.
Following the hearing, you will have a decision by the judge, who will sign a new court order, or deny the modification. In this case, you have successfully modified your spousal support order.
What If I want to Terminate my Spousal Support Order?
In some cases, spousal support orders have a valid term length listed in the terms of the order. If this is the case, you do not need to do anything to terminate the order.
A spousal support order will also end automatically if your former spouse or domestic partner passes away, remarries or enters a new domestic partnership.
If you do not have a current address for your former spouse or partner and payments have failed to reach him or her for six months, you can also file a form to terminate the order.
Generally, if you are not sure how to terminate your spousal support order, your best option is to contact a skilled attorney. If you and your former spouse or partner cannot agree, the process is similar to that of a modification of a spousal support order.
Orange County Spousal Support Order Modification Lawyer
Table of Contents
- 1 How Can I Modify or Terminate Alimony in Orange County, Irvine, Santa Ana; Anaheim, California?
- 2 Under What Circumstances Can Spousal Support be Modified or Terminated in Southern California?
- 3 When Should I Ask for a Modification of a Court Order?
- 4 How Do I Modify a Spousal Support Order in California?
- 5 What If I want to Terminate my Spousal Support Order?
- 6 Orange County Spousal Support Order Modification Lawyer