Can My Spousal Support Be Modified 14 Years After the Divorce?

QUESTION: I was divorced 14 years ago and receive spousal support. I received a Gavron warning and have worked for the last 12 of 14 years. 2 years ago I become injured and am now completely and permanently disabled and unable to work. Also, my ex’s income has gone up significantly. Can I get a modification of support for this change in circumstances?

ANSWER:  Yes, almost certainly. The reason I say so is that you received a Gavron Warning and you received (I infer from your question) support for 14 years. You likely had a marriage of long duration and the Court likely maintained jurisdiction over the issue of spousal support after it issued the divorce.

A Gavron warning is a legal notice from a court to a spouse receiving spousal support in California that they must make reasonable efforts to become financially independent. The warning is named after a California case and is usually issued at the same time as the support order. I infer from the fact that you received a Gavron Warning that the Court maintained jurisdiction over the issue of your spousal support. This means that the Court may modify the order up or down for good cause.  If the Court had ordered that Spousal Support was not modifiable it is unlikely you would have received a Gavron Warning. Go to the Courthouse and obtain a copy of your judgment (if you don’t have one) to confirm your judgment does NOT say that spousal support is not modifiable.

STEPS TO MODIFY A SPOUSAL SUPPORT AFTER A DIVORCE:

You need to file a Post Judgment Request for Modification seeking an upward modification of your spousal support in light of your disability.  You use form FL-300 Request for Orders to request the modification. Check the box “change” and the box “spousal support.” explain your situation in the appropriate sections of the form. In Section 4b you have to state the date of your divorce judgment and how much the Court ordered your ex to pay in support. In Section 4e you explain that you want the spousal support amount increased because you have become disabled and unable to work. You would state when this occurred in section 4e as well.

You must also fill out form and file the  FL-150 Income and Expense Declaration to advise the Court of your financial situation. On page 1 Section 1 you would indicate for whom you used to work and when you stopped. On page 2 section 5i you would indicate how much disability you receive from the California State Disability Board. If you receive other income you would identify the type and amount in the appropriate place in Section 5.  On section 9 of page 2 you would note that you became disabled, indicate the date and then you would file these pleadings with the Court. Once you have a conformed copy indicating the hearing date, have your ex served with the pleadings. If you serve by mail you use forms FL-335 and FL-334 (form FL-334 is a declaration under penalty of perjury that you confirmed the other party’s present address: the court wants you to ensure the other party has proper notice of your motion to modify spousal support). You can have them personally served if you prefer and you use form FL-330.

 

Galen Gentry assists clients in Los Angeles and Southern California with issues relating to all aspects of family law.  Mr. Gentry has 30 years of experience and can help people protect their families and their interests.

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