Assuming the court has spousal support jurisdiction, modification of a spousal support order requires the party requesting modification to show a material change of circumstances since the time of the prior order.  Wallin & Klarich has knowledgeable Orange County family lawyers who assist its clients in determining whether a material change of circumstances has occurred qualifying for a modification.

Demonstrating a material change of circumstances may be difficult to prove.  For example, in a recent case, the court did not terminate a spousal support order where the husband presented evidence that the wife lost her job as a full-time teacher and was earning less income than what she was earning at the time the parties originally entered into their Marital Settlement Agreement. The court found that this evidence was insufficient to demonstrate a material change of circumstances.

Even if the court determines that there has been a material change of circumstances, the court could nonetheless deny a request to modify spousal support.  When deciding whether or not to modify a previous spousal support order, the court is obligated to consider and weigh all of the factors in Family Code Section 4320. Some of these factors include:

• The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage;
• The ability of the supporting party to pay spousal support;
• The duration of the marriage;
• The age and health of the parties;
• The balance of hardships on each party; and
• Any other factors the court deems just and equitable.

Wallin & Klarich can provide you with an experienced Orange County family lawyer who can work with your spousal support issue and determine whether there has been a material change of circumstances. Call our toll free number at 888-749-7428 to speak with one of our Orange County family lawyers today.