When Child Support Ends, Spousal Support Can Increase

Did you know that the termination of child support can be used as a basis for increasing spousal support?  It can, but only if you act right away.  Family Code section 4326 provides that “…the termination of child support pursuant to subdivision (a) of Section 3901 constitutes a change of circumstances that may be the basis for a request by either party for modification of spousal support.”

But there’s a catch.  You have to file your paperwork within six months of the child support ending.  Failure to meet this critical time deadline is fatal to your case.  Also, depending on the language contained in the existing Judgment for spousal support, the court may lack jurisdiction.  At CalDisso, we will review your judgment and the facts in your case to assess the likely success of bringing a Request for Order pursuant to Family Code section 4326.

To find out if you might be eligible for an increase in spousal support due to the termination of your child’s child support, please call and speak to one of the attorneys at CalDisso at 310-540-2515.

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