Learn How to Reduce Spousal Support in California
How to Reduce Spousal Support
How you can reduce spousal support may be the most common question after the divorce judgment. But these reduction attempts do not only come after a judgment. They can happen at any time after a spousal support order.
We will look at the most common spousal support reduction situations.
Downward Income to Reduce Spousal Support
Not coincidentally, the most common reason for reducing spousal support in California is a reduction in the support payer's income.
Whether a support modification is sought during a divorce or thereafter, a payer's inability to sustain the current ordered support number is a valid basis for a support reduction.
Typically, the support reduction has to be significant enough for the Court to make the order. In temporary spousal support modifications (pre-judgment), a 10% reduction (reducing support from $1,000 to $900, for example) will be well received by the Court.
This is not a hard and fast rule and can vary from one family law judge to another.
In post-judgment divorces, the family court cannot rely on a computer program to calculate support, so a more complex evaluation is required. Our attorneys evaluate the current order and the marital lifestyle and decide whether a support modification makes sense.
The most common mistake we see by those who seek to reduce their spousal support in California is to rush into the modification request. There are no shortcuts if you want to win.
Careful evaluation of the support modification and preparation for your ex-spouse's arguments are key.
Upward Income to Increase Spousal Support
| Temporary Support Situations | Post-Judgment Situations |
|---|---|
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In temporary support situations, if the payer has learned of a potential income increase, the easiest way to handle it is to informally request the information and, if your spouse refuses, subpoena your spouse's new employer or source of new income.
Since a refusal is likely in bad faith (and a violation of your spouse's mandatory disclosure duties), you can also seek attorney's fees and costs against your spouse for forcing a subpoena. |
In a post-judgment situation, a request to complete an income and expense declaration can be served, giving the ex-spouse 30 days to complete and serve it. Unfortunately, a subpoena is not an option if the divorce is no longer pending and there are no post-judgment proceedings. If your ex-spouse refuses to provide the income and expense declaration, showing the court that a reasonable and good faith attempt was made to acquire the information is important, just in case the income increase information turns out to be incorrect. Our attorneys have rarely had trouble acquiring this information. In situations where we represented the payer and he or she wishes to reduce his or her spousal support, we have more often than not acquired the ex-spouse's income information. |
Cohabitation to Reduce Spousal Support
Family Code 4323 states:
"(a) (1) Except as otherwise agreed to by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabiting with a nonmarital partner. Upon a determination that circumstances have changed, the court may modify or terminate the spousal support as provided for in Chapter 6 (commencing with Section 3650) of Part 1.
(2) Holding oneself out to be the spouse of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this subdivision.
(b) The income of a supporting spouse's subsequent spouse or nonmarital partner shall not be considered when determining or modifying spousal support.
(c) Nothing in this section precludes later modification or termination of spousal support on proof of change of circumstances."
In short, if your ex-spouse lives with a non-marital partner, there is a presumption that he or she has a reduced need for support.
Do not mistake the word presumption with certainty. A presumption means the family law judge will "presume" there is a reduced need, but your ex-spouse still receives an opportunity to show there is not a reduced need.
Please read our guide on cohabitation and alimony in California. It is a terrific read and will walk you through the entire process.
Hire a Family Law Attorney to Reduce Spousal Support
Most of the time, the answer is yes.
Reducing spousal support in a California divorce can sometimes be harder and more complicated than getting the initial support order.
That is because California law has certain conditions for modifications, especially post-judgment, that a self-represented person will not know nor understand.
Our experienced attorneys can help you seek and obtain a downward modification of your spousal support order.
If you face a spousal support modification request and wish to oppose it, you owe it to yourself to contact us. We will tell you if the support modification is justified and, if not, how to best oppose your spouse or ex-spouse's request.