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.
The Rialto California Stipulation Regarding Spousal Support is a legal agreement reached between divorcing spouses that outlines and formalizes the terms and conditions for providing financial assistance to the lower-earning or non-earning partner after the dissolution of a marriage. This stipulation is particularly relevant in divorce cases where one spouse requires support to maintain a similar standard of living. In Rialto, California, there are primarily two types of spousal support stipulations commonly used: 1. Temporary Spousal Support: Also known as pendent elite support, this type of spousal support is usually awarded during the divorce proceedings. It aims to provide financial assistance to the lower-earning spouse until the final divorce settlement is reached. The amount and duration of temporary spousal support are determined by various factors, including the standard of living during marriage, the financial needs of both parties, and the ability of the supporting spouse to pay. 2. Permanent Spousal Support: Once the divorce is finalized, permanent spousal support may be awarded depending on the circumstances. This type of support is intended to provide ongoing financial aid to the lower-earning spouse for a specified duration or until certain conditions are met, such as the recipient spouse's remarriage or significant change in circumstances. The court considers factors such as the length of the marriage, each spouse's earning capacity, their age and health, contribution to the marriage, and standard of living. It's important to note that the Rialto California Stipulation Regarding Spousal Support can be tailored to accommodate the unique needs of each divorcing couple. Therefore, the stipulation can be customized to include additional provisions such as cost-of-living adjustments, insurance coverage, or stipulations for modifying the support order in the future if circumstances change significantly. Overall, the Rialto California Stipulation Regarding Spousal Support provides a framework for establishing fair and reasonable financial assistance arrangements between divorcing spouses, considering both parties' needs and circumstances. It helps ensure that the lower-earning or non-earning spouse has the necessary financial support to transition into post-divorce life independently, maintaining a suitable standard of living.
