Does Spousal Support Increase When Child Support Ends?
Learn what impact child support termination has on spousal support
What Happens to Spousal Support When Child Support Ends?
In some cases, spousal support (also called alimony) should increase when child support ends. But when and how that happens depends on several factors, such as the length of the marriage, each spouse's income, the terms of the divorce judgment, the marital standard of living, and more.
Understanding the Purpose of Child Support and Spousal Support in California
To illustrate, let's assume a father pays a mother $2,500 in child support for two children and separately pays her $4,000 per month in spousal support. The child support is for the children's care, while the $4,000 is for maintaining the marital standard of living—or is it?
Regardless of how the $4,000 was determined, it was likely lower than it could have been if there was no child support. If the father in this hypothetical scenario never had child support to pay, he would probably be paying more than $4,000 per month in spousal support. This is because child support comes first, and alimony is based on what is left.
The Rights of the Supported Spouse
The mother in our hypothetical case can argue that the termination of child support is a change of circumstances that should increase the spousal support paid to her. However, making the argument does not guarantee success in court. Let's look closer at the relevant code section.
California Family Code 4326 and the Six-Month Deadline
As of 2024, California Family Code 4326 outlines the rules for modifying spousal support when child support ends.
Quoted Text of Family Code 4326
"(a) Except as provided in subdivision (d), in a proceeding in which a spousal support order exists or in which the court has retained jurisdiction over a spousal support order, if a companion child support order is in effect, the termination of child support pursuant to subdivision (a) of Section 3901 constitutes a change of circumstances that may be the basis for a request by either party for modification of spousal support.
(b) A motion to modify spousal support based on the change of circumstances described in subdivision (a) shall be filed by either party no later than six months from the date the child support order terminates.
(c) If a motion to modify a spousal support order pursuant to subdivision (a) is filed, either party may request the appointment of a vocational training counselor pursuant to Section 4331.
(d) Notwithstanding subdivision (a), termination of the child support order does not constitute a change of circumstances under subdivision (a) in any of the following circumstances:
(1) The child and spousal support orders are the result of a marital settlement agreement or judgment and the marital settlement agreement or judgment contains a provision regarding what is to occur when the child support order terminates.
(2) The child and spousal support orders are the result of a marital settlement agreement or judgment, which provides that the spousal support order is nonmodifiable or that spousal support is waived and the court's jurisdiction over spousal support has been terminated.
(3) The court's jurisdiction over spousal support was previously terminated.
(e) Notwithstanding subdivision (b), a party whose six-month deadline to file expired between January 1, 2014, and September 30, 2014, may file a motion pursuant to this section until December 31, 2014."
Key Components of California Family Code 4326
Subdivision (a)
If a spousal support order exists or the court retains jurisdiction over a spousal support order, the termination of child support constitutes a change of circumstances. This change allows either party to request a modification of the spousal support order.
Subdivision (b)
A request to modify spousal support based on the termination of child support must be filed within six months from the date the child support order terminates.
Subdivision (c)
If such a request is filed, either party can ask a vocational training counselor to assess the supported party's employability.
Subdivision (d)
Termination of the child support order is not considered a change of circumstances for modifying spousal support in the following situations:
- If the child and spousal support orders are part of a marital settlement agreement or judgment that specifies what should happen when child support ends.
- If the marital settlement agreement or judgment states that spousal support is nonmodifiable or waived, and the court's jurisdiction over spousal support has terminated.
- If the court's jurisdiction over spousal support was previously terminated.
Consider Your Options
Has your child support order been terminated or terminating soon? Are you considering filing a spousal support modification request or facing a modification request?
No matter your situation, our experienced family law attorneys can provide an affordable strategy session to determine the best course of action for you and your case. Contact us today for expert guidance.
For additional reading, check out our guides on child support laws and spousal support laws.
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