Is a Financial Statement Required When the Payor Wants to Change a Spousal Support Order after a California Divorce Judgment?
Is a financial statement required when the payor wants to change or terminate spousal support after a California divorce judgment was issued?
I often receive questions about modifications of spousal support orders after a divorce judgment has been issued by the court. Recently, I recently received the question below regarding a post judgment spousal support modification request.
Question: My ex-spouse filed a request to terminate spousal support. is Spousal support is being requested to be terminated, with no apparent reason. Ex did not file any information on his income. Will the court grant the motion without financial information regarding my ex’s income?
Answer: If your ex filed a FL-300 Request for Orders for a post judgment spousal support modification (i.e. motion to terminate support) he would need to file a FL-150 income and expense declaration with the request for orders. You would file a response, form FL-300 and your own FL-150 income and expense declaration.
The court will not modify support unless it has the financial data necessary to make an informed decision that applies the relevant law to the facts. If your ex has not filed a FL-150, it is unlikely their request will be considered. The court might continue the hearing to allow them time to file the income and expense declaration or dismiss the request and allow them to refile the motion with the necessary financial information.
Can the amount of spousal support be changed during the divorce case or after the divorce judgment has been issued?
Whether long term support can be modified depends upon the wording of the divorce judgment. The parties may agree that no modifications can be made, or they may agree that the court retains jurisdiction to change the long-term spousal support amount.
Temporary spousal support (the support ordered while the divorce is ongoing) can be changed if there is a significant change of circumstances. The most common reason for a change is an increase or decrease in the income of either the paying party or the receiving party.
The amount of support is not changed automatically. Whether it is temporary or long-term spousal support. The party who desires a change in temporary support must file a motion and request an order of the court changing the support.