Though most people like to believe that the good health they enjoy will be something they can rely on, the truth is that anybody can become disabled at any time. Surviving a serious accident or illness is no guarantee that somebody will be capable of returning to their previous profession even after they have recovered. While this prospect is undoubtedly an added source of stress for anybody in this situation, it can be even more nerve-wracking for someone who is obligated to pay spousal support, on top of providing for their own financial needs.
When a couple divorces in California, among the factors used to determine if an award of spousal support is appropriate are the age and health of each party, the extent to which the earning capacity of each is sufficient to maintain the standard of living enjoyed during the marriage, and the ability of the supporting party to pay spousal support. While it may seem self-evident that somebody who becomes permanently disabled and can no longer work should not be held responsible for a financial commitment made prior to their disability, spousal support obligations do not necessarily end based on the fact of the disability alone. Spousal support disability modifications require having the court order changed, either by reaching an agreement with your ex-spouse or by petitioning the court to reexamine your financial circumstances and adjust or end your support obligations. Â
- Disability and Alimony Obligations
- Can Spousal Support Be Reduced if the Payor Becomes Disabled?
- How to Modify Spousal Support Due to Disability
- Frequently Asked Questions
If you can no longer afford to pay spousal support because you have become disabled
Disability and Alimony Obligations
In California, the law recognizes that the conditions under which an original support order was made may change. If there is a significant alteration to either party’s financial circumstances, the court can reevaluate the situation and increase or decrease the amount of support to be paid, depending on the specific facts of the situation.
Disability on its own may not fully end a spousal support obligation, depending on what sources of income the payor has. Income is only part of the picture, however. To obtain an appropriate reduction, you should also present information that shows any increase in financial need, such as disability-related medical expenses or ongoing payments for caregivers. The most important to note is that you should not stop paying when you become disabled without seeking court-approved changes to spousal support first. Until the order is modified, you are still obligated to make payments according to the existing spousal support order.
Can Spousal Support Be Reduced if the Payor Becomes Disabled?
In a word, yes. The key factor is how it changes a payor’s financial situation. For example, if someone who once enjoyed a mid-six-figure salary now must rely on a much lower amount of Social Security Disability Income (SSDI) as their primary source of income, the court will likely make a significant reduction in what they are ordered to pay. However, the court will also be weighing the needs of the payor’s ex-spouse, their income, and their earning ability, so the determination may not be a simple one.
How to Modify Spousal Support Due to Disability
The easiest way to change a long-term spousal support order is if you and your ex-spouse can draw up an agreement for a family court judge to sign off on. This approach can be the most practical course when it is evident that an expensive legal fight would not be in either party’s best interests. While it is possible to complete this process without the aid of an attorney, the agreement must demonstrate that all the factors used to make the previous determination on spousal support (known as Family Code 4320 factors) have been considered, as well as showing what circumstances have changed since the previous order.Â
Having an attorney assist in drawing up the agreement or reviewing it before it is submitted for the judge’s signature can ensure that it includes all necessary details so there is no delay in obtaining court approval. The agreement does not take effect until it is signed by the judge and officially filed, so until then any previous support order will still stand.
Alternatively, you can make a request to the court to change your spousal support order if you and your ex are unable to come to a mutually acceptable agreement on your own. To do so, you will need to file Form FL-300, Request for Order, and Form FL-150, Income and Expense Declaration, as well as attach documentation that supports your case. You also need to attach Form FL-157, Spousal or Domestic Partner Support Declaration Attachment, to the Request for Order, or a separate declaration to explain the factors contained in that form, which goes through the fourteen factors contained in Family Code Section 4320 which is to be weighed by the court when making or modifying a support order.Â
The court will hold a hearing to decide whether a modification is appropriate. Having experienced legal representation through this process can help in assembling a filing that includes all the information necessary for the court to reach a fair and accurate decision, and protecting your long-term interests.
Experienced Legal Representation for Spousal Support Modification in Silicon Valley
If you can no longer afford to pay spousal support because you have become disabled, the expert family law attorneys at Hoover Krepelka are here to protect your financial future. We understand how to effectively make the case for spousal support modification because of a disability and will work vigorously to represent your interests. To schedule a consultation, fill out the form below.
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Frequently Asked Questions
Can spousal support be reduced if the payor/payer is disabled?
Yes, in California, spousal support can be reduced if the payor becomes disabled and can demonstrate a significant decrease in their ability to earn income.
How does disability affect ongoing alimony obligations?
A disability may reduce the payor’s income, potentially leading to a modification of alimony payments if the court determines the change is substantial and permanent.
What legal options exist for modifying support due to disability?
The payor can file a motion with the court to request a modification of spousal support, providing evidence of the disability, its impact on income, and its inability to meet existing obligations.
