Alimony Increase from Child Support Decrease
Friday/January25/08
An increase in alimony can be the result of a child
support decrease.
Child support termination can be a material change of
circumstances that allows spousal support to
increase.
Ordinarily there must be a material change of circumstances for a court to modify spousal support. In 1999, a California Court of Appeal held that termination of child support cannot be a material change of circumstances that would permit an increase in spousal support because the fact that child support would end was already taken account of in the order.
But now the law is otherwise. Gov. Schwarzenegger signed SB 415 on September 26, 2007. This Bill adds new section 4326 to the California Family Code. The new section states that "the termination of child support . . . constitutes a change of circumstances that may be the basis for a request for modification of spousal support."
Ordinarily there must be a material change of circumstances for a court to modify spousal support. In 1999, a California Court of Appeal held that termination of child support cannot be a material change of circumstances that would permit an increase in spousal support because the fact that child support would end was already taken account of in the order.
But now the law is otherwise. Gov. Schwarzenegger signed SB 415 on September 26, 2007. This Bill adds new section 4326 to the California Family Code. The new section states that "the termination of child support . . . constitutes a change of circumstances that may be the basis for a request for modification of spousal support."
