CALIFORNIA FAMILY LAW
...Spousal Support
......Modification
.........Change of Circumstances
............Changed Circs - Sufficient
8 Cards On This Topic:
  • Court must consider as a change in circumstances, W's obligation and ability to provide support, best interest of Cs, and the stated goal that supported spouses ultimately become self-supporting.
  • Agreement that party can seek modification on given date satisfies change of circumstances requirement.
  • Reaching age where retirement funds can be withdrawn without penalty is a change of circumstances, especially when amount has greatly increased since separation.
  • Mere passage of time may be a sufficient change of circumstances where the factor limiting W’s ability to work was stress associated with divorce.
  • Reduction in W’s medical expenses from $2000 to $500/mo. was a change of circumstances.
  • If paying spouse loses job, court should reduce support during period of unemployment with condition that it automatically reinstate upon reemployment.
  • If supported spouse can demonstrate needs unmet by original order, then court may increase spousal support solely based upon paying spouse's increased income.
  • Subsequent inheritance of paying spouse may be change of circumstances in that it would result in increase in ability to pay support.