What happens if the paying spouse has a change in circumstances?

If the paying spouse has a change in circumstances, they may be able to seek a modification of the court-ordered spousal support amount. A change in circumstances could include a decrease in income, an increase in expenses, or a change in the status of the paying spouse (such as marriage or divorce). In California, the paying spouse must petition the court for a modification based on a substantial change, such as a job loss or an increase in expenses due to a medical emergency. The court must approve the change and may only temporarily reduce the spousal support obligation based on the paying spouse’s current financial situation. The court may also institute a wage garnishment to ensure payments are made on time. The court may also order the receiving spouse to seek gainful employment if they are capable of doing so, or the paying spouse may be ordered to make an additional payment to compensate for any financial hardship. The court will look at the needs of both parties before making a decision. Ultimately, changes in the paying spouse’s circumstances don’t necessarily provide a full exemption from spousal support. However, a modified payment plan may be initiated so that the court-ordered payment amount is commensurate with the paying spouse’s current financial situation.

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What happens if the paying spouse has a change in circumstances?

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