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Divorce filed march of 2012 can a form be filed to change ruled amount of money to be lowered due to hardship

San Jose, CA |

Petitioner filed for divorce march of 2012 petitioner is holding up paperwork required to finish the divorce during the divorce process A ruling was made for the respondent to pay the petitioner a set amount of money which has been done faithfully, doing so has resulted in the respondent financially having to move in with parents. Respondent is an electrician in the union. has become unemployed going on week 2. respondent reports to the union looking for a job. This week, respondent's check wasn't enough to cover the full amount for alimony and child support. It was short $200 Petitioner is going to ask attorney to get it out of respondent however can. Can respondent file for temporary hardship due to unemployment or something?

Attorney Answers 4


  1. A change in financial ciricumstances does give the Respondent cause to seek a modification of support orders but the Respondent must file the request to modify with the court and ask teh court to set a hearing and must prove the changed financial circumstances.


  2. Respondent should file a Request for Orders as soon as possible, because the orders can only be modified (if they are) back to the date that the Request is filed.

    Respondent should not forget, either. I have seen to many such Respondents, coming to me after a few years have gone by, unable to explain why they never did this, and owing tens of thousands of dollars.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.


  3. Child support can be modified when there is a change in circumstances. You need to file a motion (Request for Order) with the court and a new Income & Expense Declaration/


  4. By and large you should have a right to a modification of your spousal support based upon the fact that you are unemployed. Unless you have an unusual and strange Order which provides for non-modifiable spousal support, which I have not seen in recent years, the court normally retains jurisdiction to modify support. If you are unemployed these are changed circumstances that would justify a reduction in the spousal support based on your inability to pay. You need to file as soon as possible because your reduction can only go back to the date that you file the motion and not when you were laid off. Do not think about it, move quickly.

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