If you’ve just lost your job in Cerritos, that’s a heavy hit. Nothing really eases that initial shock and worry, especially when you’re looking at your finances and seeing that spousal support payment still due. You’re probably wondering, “Now what? How am I supposed to keep paying this without my income?”
The stress of losing your job is immense, and adding the fear of not meeting legal obligations makes it even tougher. The good news is that losing your job can be a valid reason to ask the court in California to change your spousal support order. It won’t happen automatically, but there is a clear legal process to seek an adjustment.
At RM Law Group LLP, we understand the pressure you’re under and want to help. Our Cerritos spousal support lawyers can guide you through the steps needed to ask the court to modify your support order. We are on your side.
Spousal Support Orders Aren’t Set in Stone
Fortunately, most spousal support orders in California can be changed. They aren’t necessarily permanent fixtures unless the original agreement or order specifically said they were “non-modifiable.” Life happens, circumstances change, and California law allows for support orders to be adjusted when those changes are significant enough.
The Big Question: Is Your Job Loss a “Change in Circumstances”?
For a court to even consider changing a spousal support order, you have to show that there’s been a major shift in your situation since the last order was made. The legal term for this is a “material change in circumstances.”
Losing your job is often, but not always, considered a material change. Why the “not always”? Because the court will look at why you lost your job. If you were laid off, your company downsized, or your position was eliminated (something outside of your control), that’s generally seen as an involuntary job loss. This kind of job loss is a strong reason to ask for a modification.
However, if you quit your job without a good reason, or if you were fired for something like misconduct or not showing up, the court might see that as a “voluntary” job loss. In those cases, a judge might not be willing to lower your support obligation, especially if it seems like you weren’t trying to meet your responsibilities. They might even “impute income” to you, meaning they’ll calculate support as if you were still earning your old salary.
How the Court Looks at Your Situation
When you ask to change spousal support because you lost your job, the judge will look at several factors, just like they did when they first ordered support. A big one is your “ability to pay.” California Family Code section 4320 lists the things a judge must consider when setting or modifying spousal support. Your income and your ability to earn income are central to this.
The court will want to know:
- Why did you lose your job? Was it involuntary?
- What efforts are you making to find new work? Are you looking for jobs that match your skills and experience?
- What is your current income, if any (like unemployment benefits)?
- What is your potential earning capacity now?
They will also consider the needs of your former spouse based on the lifestyle you both had during the marriage, and how your job loss impacts their ability to maintain that. It’s a balancing act between your reduced ability to pay and their need for support.
The Process Isn’t Automatic
This is crucial: Your spousal support payments DO NOT automatically stop or change just because you lost your job. Until a judge signs a new order modifying the support amount, you are still legally required to pay the amount set in the most recent order. Missing payments can lead to serious problems, including owing back support with interest, wage garnishment (if you find a new job), or even being found in contempt of court.
To change the order, you must file a formal request with the court. This usually involves filing a “Request for Order” (Form FL-300) and an “Income and Expense Declaration” (Form FL-150), explaining to the judge what happened and why you need the support amount changed. You’ll need to provide proof of your job loss and your efforts to find new work. Once filed, you have to formally notify your former spouse.
Acting quickly is important. In most cases, a judge can only make a modification effective back to the date you filed your request, not the date you lost your job (California Family Code section 3653). Waiting can mean you owe the higher support amount for longer than necessary.
Our Cerritos Spousal Support Attorneys Can Help
Losing your job is tough enough without adding the stress of figuring out court forms and legal arguments. Trying to explain to a judge why your job loss was involuntary or why you need to change your support can be complicated.
Having someone who understands California family law and how the courts handle these situations can make a huge difference.
At RM Law Group, LLP, we can help you gather the right paperwork, explain your situation clearly to the judge, and make sure you follow all the necessary steps correctly and on time. This process is about showing the court the reality of your financial situation and seeking a fair adjustment based on the law.
If you’re in Cerritos and wondering if your recent job loss might impact spousal support, give us a call. Call RM Law Group, LLP today at 866-706-3160, fill out our confidential contact form, or visit our Cerritos office to take the first step. We are here to help you through all of life’s ups and downs. From divorce through modification of existing spousal support, we’re on your side.
Recent Blog