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.
Downey, California Stipulation Regarding Spousal Support: Types and Detailed Description In Downey, California, the Stipulation Regarding Spousal Support refers to an agreement made between divorcing or separating spouses regarding the financial assistance that one spouse will provide to the other. This agreement is crucial as it outlines the terms, conditions, and duration of spousal support payments, ensuring fairness and stability for both parties involved. Understanding the different types of stipulations regarding spousal support in Downey is essential for anyone navigating the divorce or separation process. 1. Temporary Spousal Support: A temporary stipulation is often included in the initial stages of the divorce process. It provides financial assistance to the lower-earning spouse during the separation period until a final spousal support agreement is established. This temporary support ensures that both parties have the necessary means to maintain their standard of living while the divorce is ongoing. 2. Rehabilitative Spousal Support: This type of stipulation aims to support the dependent spouse temporarily, providing assistance to become self-supporting or gain the necessary education or job skills needed to reenter the workforce. The duration of rehabilitative support is typically set for a specific time frame or until specific milestones, such as completing a degree program or vocational training, are achieved. 3. Permanent Spousal Support: When a marriage has been long-term or the dependent spouse is unable to achieve self-sufficiency, permanent spousal support may be awarded. This stipulation aims to provide ongoing financial assistance to the lower-earning spouse to maintain their lifestyle post-divorce. The duration of permanent support can be indefinite or may have specific termination conditions, such as the recipient remarrying or a substantial change in circumstances occurring. 4. Lump-Sum Spousal Support: In some cases, divorcing spouses may opt for a lump-sum spousal support stipulation. This arrangement involves a one-time payment or a series of payments as a complete settlement, rather than ongoing monthly payments. Lump-sum support can be desired if both parties agree on a specific amount, eliminating the need for future modifications or potential disputes. 5. Nominal Spousal Support: Nominal spousal support is often used when there is a nominal monetary contribution from the higher-earning spouse to the dependent spouse. This stipulation can be beneficial in situations where proof of financial assistance is necessary for purposes such as securing medical insurance coverage, loan approvals, or achieving a property settlement. In any spousal support stipulation, various factors are considered to determine the amount and duration, including the length of the marriage, the income and earning capacities of both parties, assets and debts, health conditions, and the standard of living during the marriage. It is crucial to consult with a qualified family law attorney in Downey, California, to ensure that the stipulation adequately addresses the unique needs and circumstances of both spouses.Downey, California Stipulation Regarding Spousal Support: Types and Detailed Description In Downey, California, the Stipulation Regarding Spousal Support refers to an agreement made between divorcing or separating spouses regarding the financial assistance that one spouse will provide to the other. This agreement is crucial as it outlines the terms, conditions, and duration of spousal support payments, ensuring fairness and stability for both parties involved. Understanding the different types of stipulations regarding spousal support in Downey is essential for anyone navigating the divorce or separation process. 1. Temporary Spousal Support: A temporary stipulation is often included in the initial stages of the divorce process. It provides financial assistance to the lower-earning spouse during the separation period until a final spousal support agreement is established. This temporary support ensures that both parties have the necessary means to maintain their standard of living while the divorce is ongoing. 2. Rehabilitative Spousal Support: This type of stipulation aims to support the dependent spouse temporarily, providing assistance to become self-supporting or gain the necessary education or job skills needed to reenter the workforce. The duration of rehabilitative support is typically set for a specific time frame or until specific milestones, such as completing a degree program or vocational training, are achieved. 3. Permanent Spousal Support: When a marriage has been long-term or the dependent spouse is unable to achieve self-sufficiency, permanent spousal support may be awarded. This stipulation aims to provide ongoing financial assistance to the lower-earning spouse to maintain their lifestyle post-divorce. The duration of permanent support can be indefinite or may have specific termination conditions, such as the recipient remarrying or a substantial change in circumstances occurring. 4. Lump-Sum Spousal Support: In some cases, divorcing spouses may opt for a lump-sum spousal support stipulation. This arrangement involves a one-time payment or a series of payments as a complete settlement, rather than ongoing monthly payments. Lump-sum support can be desired if both parties agree on a specific amount, eliminating the need for future modifications or potential disputes. 5. Nominal Spousal Support: Nominal spousal support is often used when there is a nominal monetary contribution from the higher-earning spouse to the dependent spouse. This stipulation can be beneficial in situations where proof of financial assistance is necessary for purposes such as securing medical insurance coverage, loan approvals, or achieving a property settlement. In any spousal support stipulation, various factors are considered to determine the amount and duration, including the length of the marriage, the income and earning capacities of both parties, assets and debts, health conditions, and the standard of living during the marriage. It is crucial to consult with a qualified family law attorney in Downey, California, to ensure that the stipulation adequately addresses the unique needs and circumstances of both spouses.
