After a judge makes a spousal or partner support order, one or both spouses or domestic partners may need to change the order. If you are in this situation, you have to show that there has been a "change in circumstances" since the spousal or partner support order was made. This means something significant has changed since the spousal or partner support order was made.
There are many reasons why a support order may need to be changed. Maybe the spouse or partner that was getting support no longer needs it, or the person paying support has had a significant drop in income and can no longer afford the amount of support. Sometimes, the spouse/partner getting support is not making a good faith effort toward being self-supporting, so the paying spouse/partner can ask the court to end the support order based on this. Or a spouse/partner that was being supported remarries, and the support needs to be ended.
If the spouses or domestic partners can reach an agreement on a new amount of spousal or partner support, they can write it up as an agreement/stipulation and give it to the judge for signature to have it become a new court order.
But if the spouses or domestic partners cannot agree on the change, the spouse or partner wanting the change must file a motion with the court asking for a "modification" of the spousal/partner support amount.
At Law Office James Chau, we have the experience and the dedication necessary to help with your property division modification order. To discuss your options, please contact us for your 20 minute free consultation.