In order to change a spousal support order, you need to show that there has been a significant change in circumstances. For instance, spousal support orders can be changed if your spouse or partner no longer needs the support, he or she has remarried, or he or she isn’t making a good faith effort toward becoming self-sufficient. Even if you have a verbal agreement from your spouse to change the order, you still need to follow certain steps to ensure that the judge signs a new court order.
Fill out appropriate forms
The first step in asking for a change in your spousal support order is filling out four different court forms—the Request for Order, Income and Expense Declaration, Spousal or Partner Support Declaration, and Attached Declaration. You can find all of these forms online by visiting the California Courts official website. Together, all of the information in this paperwork helps the judge make decisions about the need for long-term spousal or partner support.
Have your forms reviewed
The paperwork required in your case can be complicated, so it’s important to have someone review it before you decide to submit everything to the court. You can ask your family law attorney to help you fill everything out correctly. In addition, you can ask your court’s family law facilitator to go over everything before you move ahead in your case.
File forms with court
Once you give the forms to your court clerk, he or she will keep the original and return the copies. In addition, he or she will assign you a court date. In the meantime, you need to serve your former spouse or partner with a copy of your papers and a blank Responsive Declaration to Request for Order and blank Income and Expense Declaration form.
If you have any questions about seeking a change to your spousal support, the San Jose divorce lawyers at Moreno Family Law can help. Led by Certified Family Law Specialist Marilyn E. Moreno, our team encourages compromise and settlement out of court. For more information, please call (408) 266-9011.