Can You Reduce My Alimony/Spousal Support Payment?

Wednesday, January 9th, 2019
Categories: Blog, Spousal Support

If you are getting a divorce in Century City and you are the higher income-earning spouse, it’s definitely possible that you will be asked to pay spousal support, also known as alimony, as part of your divorce settlement. How much you are asked to pay depends on a variety of factors. Here are some frequently asked questions our Century City divorce lawyer often hears from clients in regards to alimony and spousal support reduction.

How Does a Court Make a Decision about Spousal Support?

California Family Code Section 4320 lists the factors that a court will consider when making a determination about spousal support. These factors include:

• The amount of time the parties were married;
• The standard of living established during the marriage;
• The earnings and earning capacity of each party;
• The assets and debts of each party;
• Contributions one spouse made to the other in terms of pursuing education, job security, etc.;
• Whether or not one spouse stayed home with the children rather than working; and
• The tax implications of a spousal support award.

How Can I Reduce My Spousal Support Obligation?

If you want to reduce the amount of money that you may be liable for in alimony payments to your spouse, it is strongly recommended that you secure the counsel of an experienced family law attorney early on in your divorce case. Your attorney will investigate your and your spouse’s finances, can build a case proving that your spouse is able to work and earn an income, can present a case to the judge explaining that your spouse has begun living with a new significant other (which can be cause for alimony termination), or can demonstrate to the court that your spouse does not need the money.

Can My Spousal Support Obligation Ever Be Changed?

If a court has already issued a determination regarding spousal support, you may be able to change this order at a later date. However, in order to reduce your spousal support payments, you will need to petition the court for modification of a support order and must prove that you have experienced a significant change in circumstances. Examples of a change in circumstance may include losing your job, incurring new expenses that make paying spousal support more burdensome, or a lack of need of support (your ex-spouse has a new job, is living with a new partner, etc.). Our attorney can help you to understand what constitutes a change in circumstance and how to prove the change to the court.

Call Our Century City Divorce Lawyer Today

If you have questions about reducing your spousal support payments during the divorce process or post-divorce, do not hesitate to reach out to our skilled Century City divorce lawyer at the Law Office of Evan Braunstein. We can help you to navigate the process and will work hard to protect your best interests. For your initial consultation, please call us directly or send us a message telling us more about your case today.