CALIFORNIA FAMILY LAW
...Spousal Support
......Modification
.........Change of Circumstances
............Establishing Changed Circumstances
 10 Cards On This Topic:
  • When trying to establish amount required to live at marital standard of living, may need to estimate or project expenses.
  • In determining whether a change of circumstances has occurred, trial court required to reconsider same standards and criteria set forth in Fam. Code §4320.
  • Failure of supported spouse to obtain statement of decision after prior order precluded later reinstatement of spousal support.
  • After stepdown, supported spouse has burden to justify request for continued support.
  • Party seeking modification must prove what circumstances were at prior order. Type of proof required to prove.
  • Court may order paying spouse to notify supported spouse of any changes in income.
  • Former Civil Code section 4801 factors, while not stated to apply to modification proceedings, still provide guidance for trial court.
  • Discharge in bankruptcy of c/p debts assigned to supported spouse reduced need and justified reduction in support.
  • Finding of changed circumstances does not ipso facto mandate modification.
  • Cases discussing various aspects of changed circumstances in spousal support cases.


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