How to Prove Financial Hardship Due to Disability When Paying Spousal Support

Financial hardship due to disability through an accident, illness, or catastrophic event, such as a stroke, can impact spousal support payments. If the paying spouse becomes disabled, incurring high costs for medical care at the same time they are unable to work at their previous capacity (or at all, perhaps), that previously ordered level of spousal support can become unsustainable. 

When a couple divorces in California, a significant disparity in their relative incomes may result in the court ordering the higher-earning spouse to pay spousal support. This obligation may be for a defined period of only a few years following a short-term marriage, or be continued indefinitely for a marriage of long duration, depending on the circumstances. 

However, the calculation the court makes at the time of divorce is, of necessity, a snapshot of each party’s income and financial needs. Often, this determination is made when the paying party is at the peak of their earning powers or anticipates being able to sustain their current income for the foreseeable future.

While it is possible to reduce or end spousal support when the payor has a significant change to their financial circumstances, this does not happen automatically. They must ask the court to change the support order and provide evidence demonstrating what has changed since the previous order. To show that continuing spousal support will cause financial hardship due to disability, a payor should be prepared to document not only their drop in income but also the extent of their disability and its effect on their ability to work.

• Disability and Spousal Support
• Modifying Spousal Support Payments
• Proving Financial Hardship Due to Disability
• Frequently Asked Questions

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Disability and Spousal Support

Family court recognizes that divorce can potentially result in financial hardship for a lower-earning spouse or one who has taken significant time out of the workforce to care for children or the home. How much spousal support is ordered and how long the obligation to pay it will last, is determined by a complex set of factors that includes the length of the marriage, each party’s earning capacity, their standard of living while married, and their respective incomes and assets. The need of the supported spouse and the ability of the supporting party to pay that amount, are also considered.

At the same time, spousal support is not meant to create financial hardship for the payor. This is why it is possible to request a modification of a previous court order for support when financial circumstances change, such as when the paying spouse loses their job and can no longer pay their own bills and support at the same time. 

A supporting spouse who becomes disabled may experience a sharp and permanent decrease in income. Depending on the cause and nature of their disability, they may also require hospitalization, rehabilitative care, or ongoing therapy and/or in-home care. It is likely that the combination of these factors will result in reduced spousal support if the change can be adequately documented in court.

Modifying Spousal Support Payments

In examining requests for spousal support modifications, the court evaluates the same factors considered in determining the original spousal support award. Any change must be approved by the court, and modifications can only be granted as far back as when a motion was filed asking for the change. Therefore, it is essential to make the request to modify support as soon as possible after the payor’s financial situation has changed as a result of their disability.

For someone attempting to come to grips with the new reality of a disability or grappling with increased medical needs, this step may not be their first, second, or even third priority. They may also be overwhelmed or confused when determining what documentation to provide to the court to support their request. Having the assistance of an experienced family law attorney can be instrumental in filing a timely and successful petition for a spousal support modification.

Proving Financial Hardship Due to Disability

In general, when a supporting spouse seeks to reduce the amount of their obligation because of a sudden loss of income, they will need to provide evidence of their financial hardship, such as employment records. When a disability is involved, especially if it impairs the payor’s ability to work at their previous level, they will also need to provide documentation on the disability itself.

This documentation can include medical records such as treatment records, doctors’ reports, and test results. Showing that the payor has qualified for disability benefits can also be extremely helpful in establishing the severity of the disability and how it impacts their ability to work. The disability may also significantly increase the previously paying spouse’s foreseeable long-term medical expenses. Providing copies of the bills already incurred as well as the requirements of their ongoing therapy plan is necessary to ensure that the court can accurately factor in such costs when considering each party’s needs.

Any modification the court orders to an existing spousal support obligation will depend on the individual circumstances of each case. Thorough and pertinent documentation is essential to illustrate the financial impact of a disability and to justify the requested change. Utilizing an experienced family law attorney will be important to ensure the court receives this important information. 

Expert Legal Representation for Spousal Support Modification in Silicon Valley

Someone who has become unexpectedly disabled and unable to work should not have to worry that spousal support payments will bankrupt them. The family law attorneys at Hoover Krepelka can act quickly to protect your financial stability by advocating for reduced spousal support due to disability. Our experience can help you make an effective case for a just modification. To schedule a consultation, fill out the form below.

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Frequently Asked Questions

What qualifies as financial hardship in spousal support cases?

Financial hardship in California spousal support cases typically includes an inability to meet basic living expenses, such as housing, food, or medical care, due to insufficient income or resources.

Can a disability affect the amount of spousal support payments?

Yes, a disability can significantly impact spousal support calculations in California, as it may limit earning capacity or create additional financial needs.

How do I provide evidence of financial hardship in court?

You can provide evidence of financial hardship through documentation like pay stubs, tax returns, medical bills, proof of disability, and detailed budgets showing necessary expenses.