If you financially support your ex, you may want to learn how to end spousal support as soon as possible. Depending on your or your ex’s situation, you may be able to end or make a spousal support modification. The process requires you to fill out several spousal support forms and take several steps. Even so, a court may deny your request to end spousal support. When it comes to spousal support, California guidelines are best handled by lawyers specializing in the field. See below for more information on how to stop spousal support. If you need more help, the legal team at Bansmer Law is here to assist you.
Factors That Would Change or End Spousal Support
Knowing how to end spousal support in California comes with an understanding of the laws. The courts take spousal support payments seriously. As such, you must ensure you never miss or make a payment late. Doing so can increase your payments or add to the interest, as well as lead to other legal consequences. While the consequences can be harsh on those who neglect to pay, some factors can allow you to change or end spousal support obligations.
The person receiving support remarries
If your former spouse remarries or enters into a civil union, your ability to stop making alimony payments increases significantly. In this case, your ex cannot continue to receive spousal support when his or her relationship status reaches this level.
Support Receiver Does not Make a Good Faith Effort
Likewise, you may be able to end spousal support if your former spouse is not actively making an effort to become self-sufficient. The person receiving support cannot rely solely on your income to pay for his or her bills. For the most part, alimony payments are meant to last long enough for the receiving spouse to get training and find employment. However, this depends on whether the divorce decree has a due date. Otherwise, the paying partner may have to pay indefinitely until the court sets a date.
Person Providing Support Experiences a Large Decrease in Income
If you are the person providing support, you may be able to change or end payments if you lose your job or experience a decrease in pay. However, you must file to adjust the amount you pay immediately. You must substantiate your claim with documentation showing your new, lower wage or loss of employment. Do this immediately. If you do not, your rate will change after the fact. The change can only go into effect from the date you filed the paperwork.
How to Modify or End Spousal Support
If you want to know how to end spousal support in California, the following steps outline the process. You can request a court hearing by:
Fill out the Proper Forms
- Request for Order – This form allows you to request changes for child custody, support, and visitation, too.
- Income and Expense Declaration
- Optional: review Spousal or Partner Support Declaration Attachment form
Review Your Forms and Make Copies
Ask your spousal support attorney to review your paperwork to make sure all information is accurate. Make at least three copies of all your forms for your records. You may have to give a copy to your ex or the local child support agency.
File Your Forms
Submit your forms to the clerk of courts. The clerk will stamp the copies with “Filed.” You may have to pay a fee or request a waiver.
Wait for Your Court Date
The Clerk of Courts will write your court date on your Request for Order form.
Serve the Papers to Your Ex
Have someone serve your ex with your Request for Order form, along with Form FL-320 and Form FL-150. You cannot serve your ex personally. Ask your lawyer, who is likely able to help with that. Also, serve the local child support agency if they are helping with your case.
Make sure you serve the forms within the appropriate times:
- 16 days before if Item 7 in the Court Order section is checked
- 16 days before, plus five days if there are no check marks in that section
File the Proof of Service Form
The person who serves the forms to your ex and/or the local child support agency must fill out Form FL-335.
Appear in Court
Appear on the date of your court hearing and bring the following:
- Each Proof of Service form and all your copies
- Proof of income and expenses
- Documents stating a change in income
Cooperate with the judge, answer any questions, and wait for his or her judgment.
Speak to Spousal Support Lawyer in Stockton
Are you going through a divorce or separation? Are you currently paying alimony and seeking to change or end spousal support? Call the legal team at Bansmer Law by calling (209) 395 – 0200 to speak to an attorney who can answer your questions and point you in the right direction.Back to blog home