To help you reduce your spousal support obligation, your Wallin & Klarich Victorville Spousal Support Attorney can assist you with requesting a spousal support modification. In order to successfully modify your spousal support, you must show a material change of circumstances since the time that your present spousal support was ordered.
After reviewing the facts of your case, your knowledgeable Wallin & Klarich attorney can determine whether you qualify for a reduction in your spousal support obligation. If you are seeking to reduce a spousal support obligation in Victorville, you will need an experienced Victorville spousal support attorney to represent you.
Modification Circumstances
The court will consider several factors when determining whether to modify your spousal support, including a material change in your:
• Employment status;
• Financial worth;
• Income; or
• Income earning capacity.
Any material change to your former spouse’s financial circumstances or income earning capacity may also cause the court to reduce the existing spousal support order.
Also, if there was a child support order in effect with your spousal support order, and the child support order is terminated, that constitutes a material change in circumstances that may be a basis for modifying your spousal support order.
Terminating Spousal Support
Depending on the facts of your spousal support matter, you may be able to terminate your spousal support order. This would release you of your spousal support obligation. Specific grounds in which the court may terminate your obligation to pay spousal support include:
An Order with Fixed-Terms
If you have a spousal support order for a fixed amount of time, then your spousal support obligation will automatically terminate once that time period has passed.
Contingent Orders
If the court provides a spousal support order where the payments will continue until a specified event occurs or fails to occur, your spousal support obligation will terminate once that event occurs or fails to occur. For example, if a condition of your spousal support is that your former spouse remains in the state, and he or she subsequently moves out of state, then your spousal support obligation will end.
Remarriage or Death of either spouse
Your spousal support obligation will be terminated upon the death of you or your former spouse. Also, if your former spouse remarries, the spousal support obligation will also terminate.
Be sure to contact a Victorville Wallin & Klarich attorney to learn more about what options you have.
Modification Procedure
To request a spousal support modification, you must:
1. File a Request for Order with the court;
2. Serve your request on your former spouse; and
3. Present your argument for spousal support modification at a court hearing.
When you request a court to modify your spousal support, you must follow proper court procedure. However, the spousal support modification procedure can be very complex and difficult. Thus, it is important that you seek an experienced spousal support attorney to assist you in modifying your existing spousal support order.
Finding an Experienced Spousal Support Modification Attorney in Victorville
Wallin & Klarich can provide you with an experienced Victorville spousal support attorney who can work with you to determine whether there has been a material change of circumstances that may allow a reduction in your spousal support obligation. You can visit us at one of our offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks.
Call us at 888-749-7428 to speak with one of our Victorville spousal support attorneys today. We will get through this together.