Modification of Support - Child and Alimony After Divorce

Parties often agree to support amounts in the initial divorce, or the amounts are ordered by the court.

After the divorce judgment 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.     Once the supported ex-spouse remarries, Alimony or Spousal Support ends.     However, child support can continue depending on other factors.

2)     Either party dies.    If 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 Palos Verdes Divorce Lawyer such as Kevin J. Kensik about this issue.

3)     A child turns 18 and finishes high school or turns 19.    Once 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 siblings 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 determined by both parties' incomes.   If there is a "change in 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 assistance, housing or "commingling" funds or expenses with a partner whom they are living with, the court may consider reducing or terminating support.    The reason is a "presumption" of less need for support from the paying ex-spouse.

6)     The paying party retires.   Once a payor turns 65 years of age, the court will not impute income from employment to that party if they chose to retire.     However, if the paying party continues to work after age 65, or if that party has additional passive income, the court may consider that income in a future support order.

These are just some of the factors involved in changes in support.    Consult an experiencedTorrance Divorce Attorney or Mediator such as Kevin J. Kensik.