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Seeking a modification of Spousal Support

Los Angeles, CA |

#4 of our Stipulated Judgement Reads: Respondent shall pay directly to Petitioner Spousal support of $2,000 a month, payable on the 1st of each month commencing May 1,2011. Spousal support payments shall automatically increase to $3,500 per month when Petetioner is required to vacate the family residence. Either party may seek modification of support showing a change of circumstances, for good cause shown, until 60 days after the automatic increase goes into effect. Thereafter, modification will require a showing of a change of circumstances.
I'm still in the home, he has served me a OSC to modify to 0 or $5.50 per month. I have a OSC filed for arrearages of $26,000. What do you think the chance are that the Judge would grant such an order. Ex is a 25year attorney.

Attorney Answers 3


  1. Impossible to answer. Missing information is what is your ex's income.

    Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.


  2. Too many unanswered questions to give you any direction but if he can make a case that there are changed circumstances (I can think of a hundred ways to do that), then he may get the modification he seeks.

    The best advice anyone could give you is: hire a family law attorney to help you. It is an unfair fight--he is a lawyer and you don't have counsel. Under the right facts, you should be able to get attorney's fees.

    I don't know why you would file an OSC for arrears? If there is a court order for support and arrears accumulated because of lack of payment, then you don't need another court order. If you are entitled to $3500 in support, then you should be able to find an attorney to assist you. Good luck.

    By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not intend to make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

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