Legal Question in Family Law in California

modification of spousal support

My divorce was final June 2008 after 15 years of marriage. First court date in June 2007 (in California), the judge awarded me $1600.00 in spousal and $1200.00 in child support (we have 1 child together). Second court date was October 2007. My (ex) husband was going through financial difficulties, so per my lawyer, I agreed to terminate spousal to zero and my child support was reduced to $749.00. I did not want to terminate spousal but my lawyer thought it would be a good idea. I agreed to do this until my ex husband got out of his financial rut.

Well now, my ex husband's financial situation has changed for the better. His job title is now Senior Loan Officer/Branch Manager for a mortgage company. He won't tell me how much he is making but I am pretty sure he is doing great again.

In the meantime, I am struggling financially, barely making ends meet. Each month I fall further and further behind.

I would like to ask for spousal support again but have no idea how to go about doing this.

I should add that I live in Arizona and he is in California.

Can you please help?

Sandy


Asked on 8/30/08, 10:20 pm

2 Answers from Attorneys
Ronee Korbin Steiner Ronee Korbin Steiner, P.C.

Re: modification of spousal support

Since he is still in CA, you will have to address any modifications there.

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Answered on 8/31/08, 4:08 pm
Cheryl Anne Woodard Cheryl Anne Woodard, Attorney at Law

Re: modification of spousal support

If the Court retained jurisdiction on the issue of spousal support, an application for an Order to Show Cause may be filed in that Court [in California] seeking spousal support based on changed circumstances. The application may also request attorney fees.

If the Court did not retain jurisdiction on the issue of spousal support, an application may be able to be filed for an increase in child support based on changed circumstances.

Contact an attorney in the area of the California court for further assistance. You may be able to retain an attorney and file an application long distance, and then perhaps only have to appear for the hearing if the matter cannot be settled.

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Answered on 9/03/08, 6:44 am


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