SUPPORT MODIFICATION AFTER DIVORCE- CHILD AND ALIMONY
Spouses can agree to support amounts in the initial divorce, or the amounts are ordered by the court.
When the Divorce Decree is "final", that parties have what is referred to as a "Permanent Support Order." However, that order is only as "permanent" as the parties' financial situations remain unchanged. Some factors that might cause a reduction, increase, or termination of support are as follows:
1) The supported party remarries. If the supported ex-spouse remarries, Spousal Support (Alimony) ends. However, child support can continue depending on other factors.
2) Either party dies. When either the supported party or the paying party ends, the support will also terminate. However, if there are minor children and the payor survives, child support may continue if the children do not live with the payor. Also, it is often to have a life insurance policy in place for the payor to preserve income. Talk to a qualified Torrance Divorce Lawyer such as Kevin J. Kensik about this issue.
3) A child turns 18 and finishes high school or turns 19. When a minor child reaches age of majority and completes high school, that child's support will end unless there are extenuating circumstances. However, support for other children may continue and Alimony may change.
4) Either the paying spouse's income changes significantly or the supported spouses income changes. The amount of support paid is figured by both parties' incomes. If there are "changed circumstances" meaning a significant change in either party's financial position, the court will consider modifying support.
5) The supported party is "cohabitating" with another person. If the supported party is receiving financial support, free rent, "commingling" funds or expenses with a partner whom they are living with, the court may consider reducing or terminating support. The reason for this is a "presumption" of lowered need for support from the paying ex-spouse.
6) The paying party retires. Once a supporting ex-spouse turns 65 years of age, the court may not impute income from employment to that party if they chose to retire. However, if the supporting party continues to work after turning age 65, or if that party has additional passive income, the court may consider that income in a later support order.
These are just some of the factors involved in changes in support. Consult an experienced Palos Verdes Divorce Attorney or Redondo Beach Mediator such as Kevin J. Kensik
When the Divorce Decree is "final", that parties have what is referred to as a "Permanent Support Order." However, that order is only as "permanent" as the parties' financial situations remain unchanged. Some factors that might cause a reduction, increase, or termination of support are as follows:
1) The supported party remarries. If the supported ex-spouse remarries, Spousal Support (Alimony) ends. However, child support can continue depending on other factors.
2) Either party dies. When either the supported party or the paying party ends, the support will also terminate. However, if there are minor children and the payor survives, child support may continue if the children do not live with the payor. Also, it is often to have a life insurance policy in place for the payor to preserve income. Talk to a qualified Torrance Divorce Lawyer such as Kevin J. Kensik about this issue.
3) A child turns 18 and finishes high school or turns 19. When a minor child reaches age of majority and completes high school, that child's support will end unless there are extenuating circumstances. However, support for other children may continue and Alimony may change.
4) Either the paying spouse's income changes significantly or the supported spouses income changes. The amount of support paid is figured by both parties' incomes. If there are "changed circumstances" meaning a significant change in either party's financial position, the court will consider modifying support.
5) The supported party is "cohabitating" with another person. If the supported party is receiving financial support, free rent, "commingling" funds or expenses with a partner whom they are living with, the court may consider reducing or terminating support. The reason for this is a "presumption" of lowered need for support from the paying ex-spouse.
6) The paying party retires. Once a supporting ex-spouse turns 65 years of age, the court may not impute income from employment to that party if they chose to retire. However, if the supporting party continues to work after turning age 65, or if that party has additional passive income, the court may consider that income in a later support order.
These are just some of the factors involved in changes in support. Consult an experienced Palos Verdes Divorce Attorney or Redondo Beach Mediator such as Kevin J. Kensik
