Legal Question in Family Law in California
Extension of Spousal Support
Hi,
I just want to know what procedure I need and what paper work (or motion) to file to extend support support. Also, so such extension, will the court re-evaluate the amount of the support? or the court will just extend the time and the amount will remain the same. Please advise. Thanks.
3 Answers from Attorneys
Re: Extension of Spousal Support
The amount of information provided doesn't allow for a comprehensive reply. There are many factors involved in extending the spousal support obligation, one of which is the terms of the support as stated in your judgment. You will need to file an Order To Show Cause with the court outlining, among other things, the need for continued support and your ex-spouse's ability to pay. In order to give yourself a reasonable chance of success you should retain the services of an attorney. Even then you are not guaranteed to succeed but the possibility of success with an attorney are far greater than acting on your own and the outlay of legal fees may well be worth it. In any event, good luck to you. Damian Nolan.
Re: Extension of Spousal Support
You will need to file an order to show cause for modification. That will open the issue of the amount and duration of spousal support. You will need to show that there was a change in circumstances from the time of the original order. You will also need to show that you have a need for continued support and that your spouse has the ability to pay the continued support. That is a brief outline but there are many sub-issues contained in those three issues. That is a complex task and if you lose you will may not have an opportunity to return to court to make another change. There are other problems with respect to timing by which you must file the motion. I strongly suggest that you talk to an attorney, immediately. Good Luck, Pat McCrary
Reply: Extension of Spousal Support
In a general sense, if you are trying to modify an existing family law order, you would file an Order To Show Cause. The Court may be able to either extend the duration of spousal support or modify the amount, based upon your particular circumstances.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com