QUESTION
Can spousal support be reversed if salaries reverse?
Asked on Aug 11th, 2014 on Divorce - California
More details to this question:
If at the time a spousal support order is put in, spouse A has a higher salary and therefore pays to spouse B, what happens if later spouse B begins to earn a higher salary than spouse A. Does it mean the payments can be decreased/terminated, or does it even mean spouse A can request that the payments can be reversed (so now spouse B now has to pay spouse A)? Where is there a calculator for working out the amount of such payments?
3 ANSWERS
Whether the support can be changed depends upon the nature of the order. Is it an interim order or one included in a Judgment of Dissolution. If it is the later, did the court reserve jurisdiction over support. If so, then the order can be modified if interim or part of a judgment. If not, then the interim order only can be changed.
Answered on Aug 13th, 2014 at 6:36 PM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
Yes so long as your right to receive spousal support was not terminated. If your right to support was terminated you should have your support reduced to $0.
Answered on Aug 13th, 2014 at 6:35 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
Spousal support is discretionary with the judge based on FC 4320 factors. There is no calculator. Sounds like it should decrease.
Answered on Aug 13th, 2014 at 10:11 AM