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.
Fontana, California, like other jurisdictions, has specific guidelines and stipulations when it comes to spousal support, also known as alimony. Spousal support typically refers to the financial assistance provided by one former spouse to the other after a divorce or separation. Here are some key points to consider when understanding the Fontana California Stipulation Regarding Spousal Support: 1. Determination of Spousal Support: In Fontana, the court considers several factors to determine the type, duration, and amount of spousal support. These factors may include the length of the marriage, the earning capacities of both spouses, their respective ages and health conditions, contributions made to the marriage, standard of living during the marriage, and any documented history of domestic violence. 2. Temporary Spousal Support: During divorce proceedings, Fontana allows for the awarding of temporary spousal support. This type of support is intended to maintain the financial status quo until a final determination is made. It is typically calculated based on existing income and expenses. 3. Permanent Spousal Support: Fontana also recognizes the possibility of awarding permanent spousal support. This type of support is often granted after the divorce is finalized, and can be modifiable if there is a significant change in circumstances. The court examines the aforementioned factors to determine the amount and duration of the support. 4. Limited Duration Spousal Support: In certain cases, Fontana may award limited duration spousal support. This type of support is provided for a specific period, allowing the recipient spouse to acquire education, vocational skills, or to become self-sufficient. 5. Rehabilitative Spousal Support: Fontana may grant rehabilitative spousal support when one spouse requires financial assistance to obtain education or training necessary to gain employment or enhance job skills. The support is designed to aid the recipient spouse in becoming self-supporting. 6. Cohabitation and Overture Factors: The cohabitation of a supported spouse with a new partner or the supported spouse's failure to make reasonable efforts to become self-supporting can impact spousal support determination in Fontana. Additionally, overture factors, such as the extent to which one spouse contributed to the education, training, or career of the other during the marriage, may be considered. It's important to note that specific case circumstances may influence the Fontana California Stipulation Regarding Spousal Support. Consulting a qualified family law attorney who specializes in family law matters in Fontana is essential to ensure a comprehensive understanding of the stipulation and its application to individual cases.
