HOW TO CHANGE AN EXISTING ALIMONY ORDER IN CALIFORNIA - VIDEO #64 (2021)

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Third video in a 4 part series of tutorial videos on how to change or modify an existing court order issued in a divorce case in California. This video explains how to modify an alimony or spousal support order.

Spousal support orders are generally modifiable. However, it is possible to have a non-modifiable spousal support order. Spousal support orders can be made non-modifiable as to amount. They can be made non-modifiable as to duration. They can be made non-modifiable as to both amount and duration.

To know if your spousal support order is modifiable, you have to read the order. Look for language that says something to the effect that the order is non-modifiable and/or language that states that the court will not have any jurisdiction to modify the amount or duration of spousal support. If you don’t see that kind of language, then the order is likely modifiable.

There are all kinds of reasons why you may want to modify a spousal support order.

What if my spouse and I can agree on modifying the existing support order? There is no Judicial Council form that is specifically designed to enter into a stipulation to modify an existing spousal support order. You will need to draft a stipulation and order. You can use the “Stipulation and Order” template that is in our Templates Database to write your stipulation.

If you and your ex-spouse cannot agree on a new spousal support arrangement, then you can file a motion with the court to modify the existing spousal support order using the FL-300.

A post-judgment motion to modify spousal support is much more difficult than a post-judgment motion to modify child support because the courts are prohibited from using support calculation software such as DissoMaster to determine the amount of “long term” spousal support. Support calculation software can be used to set temporary spousal support, but the court is not supposed to use such software to set the amount of spousal support for a divorce judgment or to modify the amount of spousal support that is part of a divorce judgment. Instead, a post-judgment motion to modify the amount of spousal support requires the court to consider all of the spousal support factors set forth in Family Code section 4320. A copy of Family Code section 4320 can be found in our Court Forms Database. It takes time for a court to conduct an evidentiary hearing on all of the Family Code 4320 factors.

If you file a post-judgment motion to modify spousal support, don’t be surprised if the court requires multiple court appearances to deal with the motion. There may be an initial “short cause” hearing, followed by a settlement conference, and finally a “long cause” hearing.

Other types of orders set forth in your divorce judgment may be modifiable. It depends on the nature of the order. Was the order intended to permanently resolve particular issues regardless of any future changes in circumstances? If so, it is probably not a modifiable order. However, if the nature of the order is such that you and your spouse intended the order to be subject to change if there is a material change in circumstances, then the order may be modifiable. You have to consider the nature of the order you want to modify.

Видео HOW TO CHANGE AN EXISTING ALIMONY ORDER IN CALIFORNIA - VIDEO #64 (2021) канала Free Divorce