California residents who have gone through a divorce may be interested in some of the important reasons not to delay when requesting a spousal support modification. Due to the limited power of a judge to make the change retroactive, these requests should be filed as soon as possible to limit the financial issues they can cause.
For ex-spouses who are paying spousal support, a severe change in circumstances can make the payments difficult. These can include the loss of a job, having their hours cut at work or even being incarcerated. When these income-affecting changes happen, it is important to seek a modification of the spousal support order as soon as possible. This is because if a court allows the modification, that change will only begin on the date that the papers were filed to seek it. The modification will not be backdated to the date of the job loss or other change in circumstance.
This means that any unpaid spousal support during that time will still be owed. While many who are experiencing an income issue believe that it is temporary, this isn’t always so. Because of this, the modification should be sought right away when financial circumstances change. The specific forms that need to be filed can often be found through the California court system’s website.
Understanding which forms need to be filed in order to effect this modification can be made easier with the assistance of divorce counsel. A family law attorney who has experience in these matters can assess a client’s new financial situation and file the order modification request with the court in a timely manner.