In many marriages, one spouse will be the main income earner while the other bears the primary responsibility of running the household and raising the children. When couples with disparate incomes divorce, the higher-earning spouse may be ordered to pay spousal support. Some parties do not accept support obligations willingly, however, and will go to great means to attempt to evade or reduce them. As shown in a recent California case, though, support obligations will only be modified if it is warranted by the relevant statutory law. If you intend to seek a divorce and have questions regarding spousal support, it is advisable to contact a skilled San Diego divorce attorney to discuss your rights.
History of the Case
It is alleged that the husband and wife were married for seventeen years and had three children during their marriage. In 2014, they divorced. The husband’s gross annual income was indicated as approximately $196,000 in the stipulated dissolution judgment. He was ordered to pay spousal support of approximately $4,300 per month and child support of around $3,600 per month. In 2017, the husband moved to amend his support obligations. The court found that there was a sufficient change of circumstances to warrant a modification. Specifically, his yearly income had decreased by $10,000, and his oldest child reached the age of majority, so support was no longer required. As such, the Trial Court issued an order decreasing spousal support to $3,800 a month. Two years later, the husband again moved to modify his spousal support obligations. The Trial Court denied the motion, and the husband appealed.