Alimony agreements, also known as spousal support orders, are designed to provide financial assistance based on the circumstances at the time of a divorce. However, life is unpredictable, and changes in circumstances may warrant a modification of the original agreement. If you’re wondering whether you can modify your alimony agreement, the answer is yes—but only under certain conditions. At Kendall Gkikas & Mitchell, LLP, we’re here to guide you through the process as your trusted divorce modifications attorney in Walnut CA. Keep reading to learn more!
When Can Alimony Be Modified?
California law allows for alimony modifications when there has been a significant change in circumstances. These changes must affect either the ability of the paying spouse to provide support or the need of the receiving spouse for continued financial assistance. Common reasons for requesting a modification include:
- The spouse receiving support no longer needs it
- The spouse paying support loses their job or is otherwise unable to afford payments
- The spouse receiving support remarries or enters a new domestic partnership
- The spouse receiving support is not making a good faith effort to become self-supporting
- Child support has ended
It’s important to note that minor or temporary changes may not be sufficient to justify a modification. The court requires significant and lasting changes to consider altering the terms of an alimony agreement.
Steps to Modify an Alimony Agreement
The first step is to assess whether your situation qualifies for a modification. Consulting with an experienced divorce modifications attorney can help you determine if your circumstances meet the legal requirements for a change. If it does, to initiate the modification process, you’ll need to file a Request for Order (RFO) with the family court that issued the original alimony order. This document outlines your request for modification and the reasons for the change. Your attorney can assist in drafting and filing the RFO to ensure accuracy and compliance with court rules.
The court requires evidence to support your request for modification. This could include things like pay stubs or tax returns, proof of remarriage or cohabitation, documentation of increased expenses or changes in financial needs. Your attorney will help you gather and present this evidence effectively to build a strong case.
Once your RFO is filed, the other party must be served with a copy of the request, giving them an opportunity to respond. If they contest the modification, the case will proceed to a court hearing.
The court will then schedule a hearing to review the modification request. Both parties will have the opportunity to present their arguments and evidence. The judge will evaluate the case and decide whether to approve, deny, or adjust the requested modification. Your attorney will advocate on your behalf, emphasizing how the proposed changes align with current circumstances and California law.
Contact Kendall Gkikas & Mitchell, LLP for Alimony Modification Assistance
If you need to modify your alimony agreement, Kendall Gkikas & Mitchell, LLP is here to help. With 31 years of experience, you can trust us to handle your case. Contact us today at 909-482-1422 to schedule a consultation with an experienced divorce modifications attorney in Walnut CA. We’ll guide you through the legal process, protect your rights, and help ensure that the new terms reflect your current circumstances.a
