Various circumstantial changes can be grounds to terminate alimony. Here is how to end spousal support in California.
Grounds to End Spousal Support in California
Changes in circumstances that constitute the ending of spousal support can include remarriage of the partner receiving support, the partner receiving support not making a good faith effort toward being self-supporting, the partner paying support having a significant drop in income, or the partner receiving support no longer needing it. These are among the reasons to end spousal support in California.
Related: How Spousal Support Is Calculated in California
Asking the Court to End a Spousal Support Order
1. If The Court Order for Spousal Support Has An End Date
If your spousal support order already has an end date on it, then you do not have to do anything! The obligation to pay spousal support will automatically end on the given date.
2. If Your Wages Are Being Assigned
If your wages are being garnished (assigned), you may have to fill out a new Earnings Assignment Order for Spousal or Partner Support (Form FL-435). This will have to reflect a $0 amount for spousal support and must be given to your employer.
3. If You Or Your Former Partner Remarry
If you or your former spouse remarries or enters into a new domestic partnership, you may also need to have a new Earnings Assignment Order for Spousal or Partner Support prepared with a $0 amount.
4. Other Option if Your Former Spouse Remarries, Passes Away, or Does Not Give Support Payments for Over 6 Months
You can also make an ex parte application to end the wage assignment if your former spouse passes away, remarries, or does not deliver support payments for over 6 months because your employer or the child support agency does not have a current address for your former spouse. To make an ex parte application, you can fill out the Ex Parte Application to Issue, Modify, or Terminate an Earnings Assignment Order (Form FL-430).
Related: How Does Cohabitation Affect Spousal Support in California?
What The Court Will Require From You Next
Once you begin the process of terminating your spousal support, your court may then require you to formally file a request to end spousal support. These are the steps to follow:
1. Fill Out Your Court Forms
- Request for Order (Form FL-300)
- Income and Expense Declaration (Form FL-150)
- Spousal or Partner Support Declaration Attachment (Form FL-157)
- Declaration or Attached Declaration [if you need more space to explain why an end in spousal support is needed]
2. Have Your Forms Reviewed
Ask your court’s family law facilitator to review your paperwork. He or she can ensure that you have properly filled out your paperwork before you move forward with your case. Contact Her Lawyer to get in touch with an experienced child support attorney to review your forms.
3. Make At Least 2 Copies of All Your Forms
One copy will be for you, and the other copy will be for your former spouse. The original forms will be for the court.
4. File Your Forms With The Court Clerk
Turn your forms in with the court clerk. You may have to pay a filing fee. If you cannot afford the fee, you can ask for a fee waiver.
5. Get Your Court Date
The clerk will write your court date on your Request for Order form.
6. Serve Your Papers On Your Former Spouse
Serve your former spouse with a copy of your papers and include a blank Responsive Declaration to Request for Order (Form FL-320) as well as a blank Income and Expense Declaration (Form FL-150) before your court date. Remember that someone else, not you, must serve the papers. Also, remember that your papers must be served at least 16 days before your court date.
Related: Spousal Support FAQs in California
FAQs About Ending Spousal Support in California
What if the local child support agency (LCSA) is involved in my case?
If the LCSA is involved in enforcing the spousal support in your case, you may be able to end your spousal support without having to go to court.
What if my former spouse or I still owe spousal support at the time the spousal support ends?
If you or your former spouse owe any past spousal support, payments will have to continue being made, with interest, until it is paid off.
Should I wait to ask for a new court order?
No. People often wait to end or change a spousal support order for multiple reasons. For example, they think job loss or a drop in income is temporary, they are stressed and spousal support is the last thing on their mind, they are in a situation where it is difficult to file court papers, or they think it will be easy to change the order later. However, if you wait, you will not be able to end your spousal support order as of the date you lost your job, your income went down, you got remarried, or any other reason to end spousal support.
Contact Us
If you or a loved one is looking to end spousal support in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our California Spousal Support Attorneys today!