CALIFORNIA FAMILY LAW
...Spousal Support
......Modification
.........Modifiability
............Nonmodifiable Support
 17 Cards On This Topic:
  • Parties may agree to make spousal support orders nonmodifiable.
  • Parties may agree to nonmodifiable spousal support order.
  • The citation of Vomacka in the terms of the otherwise ambiguous terms of the agreement was not sufficient to render it nonmodifiable.
  • Parties may limit trial ct.’s jurisdiction to modify spousal support; MSA provision that states s/s may not be less than $2,000/mo. precludes modification upon payor’s subsequent disability.
  • Where no express written agreement to contrary, spousal support terminates by operation of law upon supported spouse's remarriage.
  • Consideration of nonmodifiable s/s received from party to child support proceedings as special circumstance justifying departure from guideline would result in de facto s/s modification.
  • No magic words required to create a nonmodifiable spousal support agreement, however that intention must be specifically set forth.
  • Nonmodifiable spousal support terminates upon remarriage of supported spouse absent express language to the contrary.
  • Parties may agree that certain factors will not be considered as circumstances justifying modification of support.
  • Jurisdiction to modify amount does not include power to extend beyond unambiguous termination date.
  • Agreement to pay nonmodifiable support to W until her death precludes modification upon her remarriage.
  • Provision in MSA that spousal support is "nonmodifiable" precludes subsequent modification.
  • Agreement that spousal support be nonmodifiable amounts to waiver of former Civil Code section 4801.5 (supported spouse cohabits).
  • Agreement that spousal support is "nonmodifiable" also precludes termination.
  • Judgment which is silent as to spousal support and becomes final cannot be subsequently modified to provide for spousal support.
  • Court cannot make a nonmodifiable spousal support order (absent agreement of the parties). Power to modify is conferred by Legislature.
  • Cases discussing the nonmodifiability of spousal support.


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