CALIFORNIA FAMILY LAW
...Spousal Support
......Modification
.........Paying Spouse in Arrears
3 Cards On This Topic:

Court has jurisdiction to modify support even though paying spouse in arrears, provided previous failure to pay not contumacious.

Modification properly granted where paying spouse in arrears, without ability to pay, and no actual finding of contempt made.

Motion for reduction in support may be denied where payor is in contempt of order s/he is seeking to modify.