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Termination of Child Support Constitutes Changed Circumstances Re: Spousal Support

Guiding You Through Difficult Times

When it comes to modifying spousal support, a party might want to look at California Family Code §4326.  This section dictates that the termination of child support by operation of law constitutes a change of circumstances within the code, and that change may justify a request to modify spousal support.  To effectuate this, a motion for modification must be filed within six (6) months from the date that child support order ends.  Either party may file such a motion.

However, there are exceptions to the statute that should be noted.  They occur when jurisdiction over spousal support was previously terminated, or where the child support and spousal support orders are the result of a marital settlement agreement (MSA) or dissolution judgment that (1) provides that spousal support is not modifiable or is waived, and jurisdiction over such support has ended, or; (2) specifies what will happen when the child support order terminates.

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