In certain cases, the courts will determine that it is appropriate to order one spouse provide additional financial support for the other spouse. Temporary spousal support can be granted by the court to allow for the financial support of the requesting spouse during the course of the family court case until such time as final spousal support orders are entered by the court.
In general, spousal support is calculated based on a specific set of regulations or guidelines that vary from state to state and can be based on Family Code sections or predetermined calculations based on income information and other extenuating circumstances. The courts may consider the ability for the requesting spouse to find gainful employment, or any special health or education needs that may prevent the spouse from providing for their own financial support when determining spousal support. You may be required to submit paystubs and/or tax returns in order to establish your income for the purposes of spousal support calculations.
Spousal support can be modified when one or both spouses’ income substantially changes, or the requesting spouse’s own financial needs significantly altered. In most cases, the party requesting a spousal support modification will have to provide documentation of income and a change in financial circumstances, including (but not limited to) tax returns, pay stubs, and records of other financial obligations. Please keep in mind, that in several states, spousal support responsibilities are contingent upon the length of the marriage and the requesting spouse’s ability to obtain gainful employment or otherwise provide for their own financial well-being. You should consider requesting a modification of spousal support if the requesting spouse’s financial situation has markedly improved, including a new, better paying, job, the bequeathment of a substantial inheritance, lottery winnings, or other changes in the requesting spouses financial circumstances.
In order to change your spousal support order, you must file a request for modification with the court that originally granted the order. Even if both spouses have agreed to a change in support, a request for modification must still be filed with the court. If the parties cannot come to an agreement, a hearing will most likely be scheduled to offer each side an opportunity to present their arguments regarding the spousal support modification.
Whether you are initiating a divorce support proceeding, or just hoping to modify existing orders, Family Court Direct is here to help. We understand the fear and stress involved in complying with any financial court order, and we are committed to facilitating inexpensive and efficient legal document preparation. You don’t have to do it alone! The independent legal professionals working with Family Court Direct can help with the paperwork required to modify your child support orders.
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