CALIFORNIA FAMILY LAW
...Spousal Support
......Modification
.........Change of Circumstances
............Changed Circs - Not Sufficient
 13 Cards On This Topic:
  • Increased inequality of income is not in itself a material change of circumstance.
  • Accessibility and increased value of retirement accounts awarded to supported spouse in stipulated judgment was not a material change of circumstances justifying reduction in spousal support.
  • As termination of c/s upon Cs’ graduation from high school occurred as expected in original order, cannot reasonably constitute change of circumstances justifying increased s/s. [Caveat]
  • Modification of support based upon H's impending retirement held premature; must wait to see what circumstances are after retirement.
  • When termination of H's support based on assumption income from his share of c/p would make him self-supporting, his continued inability to be employed is not change of circumstances.
  • Increased housing expense occasioned by sale of home per terms of MSA not a change in circumstances.
  • Income received from a c/p source after property division should not be considered as income for purposes of a showing changed circumstances.
  • Court improperly considered $15,000 which W received from sale of a vacant lot as factor in reducing her spousal support.
  • May not modify spousal support in future based upon paying spouse's eligibility to retire.
  • Can't use spousal support to rectify property division; not changed circumstances.
  • Changed circumstance must affect economic situation of parties.
  • Cases holding showing of changed circumstances insufficient to justify modification of spousal support.
  • Wife’s increased debt not per se a change of circumstances.


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