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.
Santa Clara County in California has specific stipulations regarding spousal support that must be adhered to during divorce or separation proceedings. Spousal support, also known as alimony, is a court-ordered financial arrangement wherein one spouse provides monetary assistance to the other after a marital breakup. In Santa Clara County, there are various types of stipulations that govern the determination and execution of spousal support. These include: 1. Temporary Spousal Support: This refers to financial assistance provided by one spouse to another during the pendency of the divorce or separation process. It is often based on a formula that considers the spouses' respective incomes, earning capacities, living standards, and other relevant factors. 2. Permanent Spousal Support: Unlike temporary support, permanent spousal support is typically awarded once the divorce is finalized. It may continue until the recipient spouse remarries, either spouse passes away, or there is a substantial change in either party's circumstances. Determining permanent spousal support involves considering factors such as each spouse's income, age, health, education, and duration of the marriage. 3. Rehabilitative Spousal Support: This type of support is provided to a spouse who requires financial assistance to improve their skills or obtain education or training necessary to secure employment and become self-sufficient. It is usually awarded for a specific duration while the supported spouse undergoes rehabilitation. 4. Reimbursement Spousal Support: When one spouse supported the other through education, training, or career development during the marriage, they may be entitled to reimbursement support. This form of support compensates the contributing spouse for the expenses incurred in assisting the other spouse's advancement. To determine the spousal support amount and duration, Santa Clara County courts consider various factors, such as the length of the marriage, standard of living during the marriage, each spouse's earning capacity, assets owned, age, health, and contributions to the marriage. It is important to note that spousal support in Santa Clara County can be subject to modification based on substantial changes in circumstances or if the stipulation becomes unfair or inappropriate. Overall, understanding the different types of Santa Clara California Stipulation Regarding Spousal Support can help to divorce or separating couples navigate the process more effectively and ensure a fair financial outcome for both parties involved.Santa Clara County in California has specific stipulations regarding spousal support that must be adhered to during divorce or separation proceedings. Spousal support, also known as alimony, is a court-ordered financial arrangement wherein one spouse provides monetary assistance to the other after a marital breakup. In Santa Clara County, there are various types of stipulations that govern the determination and execution of spousal support. These include: 1. Temporary Spousal Support: This refers to financial assistance provided by one spouse to another during the pendency of the divorce or separation process. It is often based on a formula that considers the spouses' respective incomes, earning capacities, living standards, and other relevant factors. 2. Permanent Spousal Support: Unlike temporary support, permanent spousal support is typically awarded once the divorce is finalized. It may continue until the recipient spouse remarries, either spouse passes away, or there is a substantial change in either party's circumstances. Determining permanent spousal support involves considering factors such as each spouse's income, age, health, education, and duration of the marriage. 3. Rehabilitative Spousal Support: This type of support is provided to a spouse who requires financial assistance to improve their skills or obtain education or training necessary to secure employment and become self-sufficient. It is usually awarded for a specific duration while the supported spouse undergoes rehabilitation. 4. Reimbursement Spousal Support: When one spouse supported the other through education, training, or career development during the marriage, they may be entitled to reimbursement support. This form of support compensates the contributing spouse for the expenses incurred in assisting the other spouse's advancement. To determine the spousal support amount and duration, Santa Clara County courts consider various factors, such as the length of the marriage, standard of living during the marriage, each spouse's earning capacity, assets owned, age, health, and contributions to the marriage. It is important to note that spousal support in Santa Clara County can be subject to modification based on substantial changes in circumstances or if the stipulation becomes unfair or inappropriate. Overall, understanding the different types of Santa Clara California Stipulation Regarding Spousal Support can help to divorce or separating couples navigate the process more effectively and ensure a fair financial outcome for both parties involved.
