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Modifying temporary spousal support in California

On Behalf of | Jul 8, 2022 | Alimony

Spouses may not like to pay alimony, but a final divorce decree could obligate them to do so. Compelling reasons may exist why the court establishes a particular amount of maintenance. Perhaps the other spouse has limited work experience and might need some time to get back on their feet. Temporary spousal support could assist with the transition to single life and self-sufficiency. Unfortunately, things might not go well for the other spouse, as they could suffer financial problems, prompting a return to a California family court.

Modifying a temporary spousal support agreement

When the person who is required to pay spousal support suffers financial troubles, changing the required amount could be less challenging than realized, provided both parties agree. Under California law, both parties may submit a written agreement. When the parties can’t agree, a judge may decide.

Don’t expect the judge to make changes without a compelling reason. However, the judge may agree to lower the temporary spousal support amount if one party suffers from unemployment or severe financial strain. Presenting detailed evidence in court might be necessary for this result.

Other points about changing temporary alimony amounts

The person who pays alimony might not be the only party who can request a change. If something changes the financial situation of the recipient, alterations to the original amount may be possible. For example, the alimony recipient could suffer a terrible medical emergency that impacts their ability to work or support themselves.

A mutual agreement between the two parties might be the preferable way to address any changes. Arguing in court could be costly and stressful, although such steps might be necessary given the circumstances. Few would wish to struggle financially when options exist to address the matter.