To comply with the California legislature's intent to provide simplified modification, the Judicial Council has promulgated four forms. The forms needed in this situation are probably only these two:
" Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal or Family Support Order (FL-390).
" Information Sheet " Simplified Way to Change Child, Spousal or Family
Basis for modification: The simplified procedure does not change substantive law respecting the predicate for a modification. Thus, the applicant must establish the reason for the change.
If the supported party is no longer in need, or a detrimental change in the obligor party's needs or ability to pay outweighs the other's need for support, proceedings to terminate (or reduce) support can be brought on the basis of "changed circumstances".
Provided the obligee was aware of an expectation that he or she become self-supporting (or reasonably endeavor to contribute to his or her support), support might be terminated on the basis of the obligee's failure to make good faith efforts toward self-sufficiency within a reasonable period of time;
Termination Of Spousal Support Orders: Except upon the parties' written agreement to the contrary or a court order terminating support, the court retains spousal support jurisdiction indefinitely where the marriage has been of "long duration."
The parties may - and are encouraged to - enter into a written stipulation (agreement) on spousal support issues.
Fullerton, California Stipulation Regarding Spousal Support: A Comprehensive Overview In Fullerton, California, determining spousal support, also commonly referred to as alimony, is an integral part of divorce proceedings. It involves an agreement known as the Fullerton California Stipulation Regarding Spousal Support, where both spouses determine the terms and conditions for providing financial assistance to the lower-earning or non-earning spouse after separation or divorce. This stipulation helps establish a fair and just amount of support while taking into consideration various factors specific to the situation. Let's take a closer look at the key aspects and types of Fullerton California Stipulation Regarding Spousal Support. 1. Temporary Spousal Support: One type of spousal support is temporary, which is awarded during the divorce process to maintain the standard of living of the lower-earning spouse. It aims to bridge the financial gap until a final spousal support order is established. 2. Permanent Spousal Support: Permanent spousal support, on the other hand, is typically awarded after the divorce is finalized. Its purpose is to assist the lower-earning spouse to maintain the lifestyle they had during their marriage for a specific duration or until certain circumstances change, such as the recipient's remarriage or the death of either spouse. 3. Rehabilitative Spousal Support: Rehabilitative spousal support is designed to support the lower-earning spouse in acquiring the necessary education, skills, or training to become self-supporting. It aims to help the recipient spouse gain independence and eventually end the need for support. 4. Non-Modifiable Spousal Support: In some cases, spouses may agree upon non-modifiable spousal support terms, where the agreed-upon amount cannot be altered or modified in the future, regardless of any significant changes in either party's circumstances. 5. Modifiable Spousal Support: Conversely, modifiable spousal support allows for adjustments to the stipulated amount or duration in the future if certain significant changes occur, such as changes in income, employment status, or health conditions of either spouse. The Fullerton California Stipulation Regarding Spousal Support considers several factors, including the duration of the marriage, each party's income and earning capacity, the standard of living during the marriage, any existing prenuptial or postnuptial agreements, the age and health of both spouses, the division of property, and any additional relevant circumstances. These factors collectively influence the court's decision on spousal support, but ultimately, the Fullerton California Stipulation Regarding Spousal Support is a legally-binding document that ensures the fair and reasonable provision of financial assistance to the lower-earning or non-earning spouse. In conclusion, the Fullerton California Stipulation Regarding Spousal Support is a critical component of divorce proceedings in Fullerton. By determining the type and terms of spousal support, it aims to provide an equitable financial arrangement, ensuring the well-being and livelihood of both spouses after the dissolution of their marriage.
