California Family Attorneys Giving You the Representation You Need for Modifications to Alimony and Child Support Agreements

While marriages may end with divorces, people still go on living after. This is why in certain circumstances, divorce settlements include provisions to provide for one of the partner and/or any children involved. These are traditionally called alimony and child support. Grouped together they can be called a Long-Term Support Order. Long-Term Support Orders ensure a responsible party fulfills their financial obligations to their former partner and/or their children.

You or your former spouse’s life circumstances could change at some point after the divorce. If this happens, you may want or need to modify alimony and child support agreements. The court system allows for these modifications to occur. However, you must follow certain steps to make sure you comply with the law.

What is a Long Term Support Order in California?

Long Term Support Orders are court orders that instruct one spouse to provide a certain amount of financial support to their former partner and/or children.
In issuing a Long-Term Support Order, a judge will look at a variety of factors. This will help them determine if an order is issued, and, if so, how long the order will last and what amount of money you will be required to pay. Some, but not necessarily all, of the factors a judge will consider are:

• Length of the Marriage
• Each Partner’s Earning Potential
• Each Partner’s Mental and Physical Health
• Each Partner’s Standard of Living During Marriage
• Whether One Partner Helped the Other with Student Debt, Vocational Training, or Licensure
• The Age of any Children and their Financial Needs
• Debt Accrued During the Marriage

The Order is usually given to the spouse who earned the most money during the marriage. If you were already the primary financial support system for your family prior to the divorce, you will most likely be asked by the court to continue providing some means of assistance once the marriage ends.

Every marriage is different. Judges will make decisions based on evidence presented to them. There are no rules or laws that dictate how much money a spouse must receive or how much someone will have to pay in child support. There are also no laws dictating how long a Long-Term Support Order can last. The one exception to this is Long-Term Support Orders issued for marriages that lasted less than ten years. In this case, the Order can last no longer than half the length of the marriage.

When Do Long Term Support Orders End?

Long-Term Support Orders are not meant to be permanent arrangements. They are only meant to last until both spouses and their children are financially secure. Because of this, there are circumstances under which the Order can end. These circumstances include:

• One Spouse Dies
• The Supported Spouse Remarries
• The Order Reaches an Expiration Date
• The Court Orders it Ends
• Both Spouses Agree to End the Order

There are other circumstances in which a Long-Term Support Order can be modified. Modifications usually occur due to changes in the life circumstances of one or both partners. Modifications do not end an order. They change elements of the Order while still keeping it in place. These elements can include:

• The Amount of Money Owed in Alimony/Child Support
• The Frequency of Payments

Changing a Long-Term Support Order requires another court order called a modification. These must be issued by a judge. You cannot simply change how much money you pay or the frequency of payments based on changes to your circumstances.

What is a Modification to a Long-Term Support Order?

A modification is a court order changing a previously issued Support Order. Modifications are issued if there have been major changes to one or both partners’ life circumstances that impact their ability to pay or need to receive payment. These changes can include but are not limited to:

• Job Loss
• Temporary or Permanent Disability
• Deployment by the US Military
• Incarceration
• Higher Pay
• New Children

Anything that changes the responsible spouse’s ability to pay or the dependent spouse’s financial needs are grounds for modification. For example, if the dependent spouse gets a new, higher paying job and can now be totally financially independent, the responsible spouse can request to no longer pay alimony.

In order to modify a Long-Term Support Order, you must petition the court. In order to do this, you will file a Motion for Modification. When you file the motion, you must include evidence supporting your case. Without evidence, it is unlikely a judge will take your request seriously.

Once you have submitted the motion and evidence, the court will serve your former spouse with a copy of your motion as well as your evidence. They will have the opportunity to respond to your motion. If your ex-spouse does not dispute your request, you may not have to go to court. If your former spouse disputes all or part of your request for modification, you may need to appear before a judge.

If you appear before a judge, you will have to argue your case for why the order should be modified. This will include presenting your evidence to the judge. The judge may or may not agree with your motion for modification. Even if the judge does agree, they may not agree to the entirety of your motion.

What Should I Do if I Need to Modify a Long-Term Support Order in California?

Filing for a post-divorce modification of alimony or child support can be difficult. A judge may think you are trying to neglect your responsibilities. Many people try to get out of paying what they owe to their children and former spouses. Because of this, many judges may be suspicious of requests for modification. This is why it’s important to have an attorney on your side. An attorney can properly represent your case to the judge. They can gather the evidence to prove you’re telling the truth and a modification is called for.

If you or a loved one need to modify a post-divorce alimony and/or child support agreement, don’t hesitate to contact Hepner & Pagan, LLP, located at 116 E Campbell Ave, Suite 1, Campbell, CA 95008, half-a-mile East of Heritage Theater and one mile West of Pruneyard shopping center. Our attorneys are experienced in handling post-divorce modifications to court orders. We understand life circumstances change. There’s nothing wrong with wanting to modify a court order to reflect those changes. We can present evidence to a judge demonstrating why it’s fair to modify your Long-Term Support Agreement.

If you or a loved one need to modify a long-term support agreement, call Hepner & Pagan, LLP now at 408-688-9153 or email us for a consultation. We can help make the changes you need.