Most long-term spousal support orders may be modified under certain circumstances. There are many different grounds on which a person can change their spousal support order if they need to do so, and changes can usually be made during the support period. If both parties sign an agreement stating that the spousal support order is non-modifiable, however, the order cannot be changed
When such an agreement does not exist, courts often have jurisdiction over spousal modifications, and may allow a spouse to modify their spousal support if necessary. If both spouses agree on a support modification, they may write an agreement, and ask a judge to sign it. Spouses who do not agree on a support modification must file the necessary paperwork with the court.
Need to file for a spousal support modification? Contact our Roseville divorce lawyer at Herrig & Vogt, LLP!
There are many reasons why a spouse may need to modify their spousal support order. They may be receiving support that is no longer needed, or the person paying the support may have suffered from a loss of income. If the person receiving the support is not making a good faith effort towards being self-supporting, the paying spouse may ask to terminate the spousal support order altogether. Like child support modifications, spousal support modifications cannot be changed retroactively. If a spouse receives a cut in pay months ago, but does not file a spousal support modification until recently, the judge cannot issue a modification order on the day their pay was reduced.
It is beneficial for spouses to write a spousal support modification order with the help of an attorney, and have a judge sign the new order. Verbal spousal support modifications are not valid in court, and a person cannot be held accountable for a spousal support modification if a judge did not sign it. If you need help modifying a spousal support order, please contact our firm. We may ensure that the correct paperwork is filed, and both parties agree to what is written in the agreement.