CALIFORNIA FAMILY LAW
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Spousal Support
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Modification
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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Reaching age where retirement funds can be withdrawn without penalty is a change of circumstances, especially when amount has greatly increased since separation.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.