Your divorce was finalized a long time ago, but you’re still paying alimony. Is there any way you can stop it, or at least decrease the amount?
Because there are different types of alimony (spousal support) allowed by California law, there are different reasons for why you were ordered to pay, and how long you need to keep paying. Sometimes alimony is permanent, due to the length of the marriage, and sometimes it is ordered for just a few years, strictly for the purpose of helping your former spouse until they can make it on their own.
A judge will look carefully at the circumstances in each divorce before ordering a particular kind of alimony, if any at all. But of course, things can change unexpectedly, even after the divorce is finalized. When there is a “change in circumstances,” the court has the authority to review the situation again and modify the support order.
Change in circumstances
What does the law mean by “a change in circumstances”? It must be a significant change, not just based on the inconvenience of losing money that you need to spend on other things. Some examples of changes that a court will recognize as valid include:
- The payer’s ability to earn income has decreased
- The recipient is now in a situation where they no longer need the supplemental income
- The recipient has remarried
- The recipient was required by the support order to make a good faith effort to be self-supporting, but has not done so.
If you and your ex can come to an agreement on your own, you can write up the agreement and ask the court to sign it. But if your spouse is opposed to changing the current order, you’ll want to get the assistance of an experienced family law attorney. Even if your ex agrees to a change, you should still formalize the agreement in court. If the changed amount ever becomes an issue for some reason, the judge will not recognize any other agreement except for the order on record.
Act fast! Modifications are NOT retroactive
When you’re stressed about losing your job and have a thousand things on your mind, the last thing you want to do is return to court to have the support order changed. But what most people don’t realize is that the judge can’t go back and reduce payments you already made (or should have made). A judge can only reduce the amount of payments going forward. In other words, if you lost your job in February but don’t file for a modification until May, you’re stuck owing the full amounts through May. So even if you expect to find work quickly, it makes sense to ask for a modification early on.
Any questions?
If you have questions about modifying your alimony agreement, talk to a top Southern California alimony attorney at Kendall Gkikas & Mitchell, LLP. We can help you answer your questions and find some peace of mind. Contact us today by calling 909-482-1422 or emailing info@parents4children.com to make an appointment.
