What if the paying spouse is unable to make spousal support payments?

In California, when a paying spouse is unable to make their spousal support payments, the court may modify the existing court order for payment. This modification is known as a “modification of support”. The court will consider a variety of factors when deciding to modify the existing court order, such as a change in the paying spouse’s income or financial situation. If the paying spouse is unable to make their payments due to a decrease in their income, the court may extend the amount of time the paying spouse has to pay the support amount or reduce the amount of the payment. The court may also consider other factors, such as the paying spouse’s need for financial assistance with medical bills or mortgage payments. The court will also take into consideration the needs of the supported spouse and their ability to earn an income. Ultimately, it is up to the court to decide if the modification of support is appropriate in the specific case. If a paying spouse is still unable to make their payments and the court order is not modified, the court may enter an order of contempt, which can include fines, jail time, or both. It is important that paying spouses who cannot make their spousal support payments ask the court to modify the order as soon as possible to avoid repercussions.

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