Spousal Support Can Increase When Child Support Ends
Saturday / September 29, 2007
A new California statute makes child support termination a material change of circumstances.
Ordinarily, there must be a material change of circumstances for a California court to modify spousal support. To qualify as a material change of circumstances, an event must not have been contemplated by the order to be modified. For that reason, a California Court of Appeal held in 1999 that termination of child support cannot be a material change of circumstances that would permit an increase in spousal support: Termination of child support was within the expectations of the original order.
But now there is an exception to the law. On September 26, 2007, Gov. Schwarzenegger signed SB 415. This Bill adds new section 4326 to the California Family Code. The new section states that "the termination of child support . . . constitutes a change of circumstances that may be the basis for a request for modification of spousal support."
The purpose of the law is to permit a court to increase spousal support once the children have graduated from high school or reached age 19. At that time, the former custodial parent's income would decrease because of the cessation of child support payments. According to a legislative analysis of the Bill, spousal support then could be increased "on the grounds that the termination of the child support has freed up resources that may, in the court's discretion, be appropriate for new or additional spousal support."
But now there is an exception to the law. On September 26, 2007, Gov. Schwarzenegger signed SB 415. This Bill adds new section 4326 to the California Family Code. The new section states that "the termination of child support . . . constitutes a change of circumstances that may be the basis for a request for modification of spousal support."
The purpose of the law is to permit a court to increase spousal support once the children have graduated from high school or reached age 19. At that time, the former custodial parent's income would decrease because of the cessation of child support payments. According to a legislative analysis of the Bill, spousal support then could be increased "on the grounds that the termination of the child support has freed up resources that may, in the court's discretion, be appropriate for new or additional spousal support."