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.
Salinas, California Stipulation Regarding Spousal Support refers to the legal agreement between divorcing or separating spouses in Salinas, California, which outlines the terms and conditions for providing financial assistance to one party by the other. Spousal support, also known as alimony, is intended to ensure the economic well-being of the supported spouse post-separation. The Salinas California Stipulation Regarding Spousal Support may include various components, which depend on the specific circumstances of the spouses involved. These components can be categorized into different types or considerations such as: 1. Duration: The stipulation outlines the duration of spousal support payments, whether it's for a specific period (known as temporary/support for a limited time) or until specific events occur (known as rehabilitative support). 2. Amount: The stipulation details the specific amount or method for determining the spousal support payment. It may be based on a percentage of the supporting spouse's income or a predetermined fixed amount. 3. Modification: The stipulation addresses the potential for modifying the spousal support arrangement in the future if there are substantial changes in the circumstances of either party, such as a significant increase or decrease in income, unemployment, or remarriage. 4. Termination: The stipulation indicates the conditions under which the spousal support will end, such as the supported spouse obtaining gainful employment or the death/remarriage of either party. 5. Tax implications: The stipulation may consider the tax ramifications of spousal support payments, specifying whether they are taxable to the recipient or tax-deductible for the paying party. 6. Health insurance: In some cases, the stipulation may address the provision of health insurance coverage for the supported spouse, either by the paying spouse or by other means. 7. Enforcement: The stipulation includes provisions for the enforcement of spousal support obligations, including potential legal actions and penalties for non-compliance. It's important to note that Salinas, California Stipulation Regarding Spousal Support may vary depending on the unique circumstances of the divorcing or separating spouses, and it is always advisable to consult with a qualified family law attorney to ensure compliance with local laws and tailor the agreement to individual needs.
