For a modification in child or spousal support, the change
in circumstances must be due to factors beyond the spouse’s
control. When making an application, the spouse has the burden
of proof. They have to provide financial documents like tax
returns and pay stubs, even before the other spouse is asked
to provide proof of financial need. Once the applicant has
showed the change in circumstances, the other spouse’s ability
to pay is considered.
Some events that constitute a change in circumstances:
1. Increase in the spouse’s cost of living
2. Increase or decrease in the supporting spouse’s income
3. An illness or disability that happens after an order is
given
4. The supported spouse’s living situation (loss of home)
5. The supported spouse’s remarriage or cohabitation with
another person, or their subsequent employment
Provisions for modification can be outlined in the divorce
agreement. Modifications can be made at predetermined times,
or at any time the parties wish. It can also be agreed that
there will be no modification allowed at all. When a settlement
agreement says that spousal support is to be reviewed for
any reason, the court will check to see if circumstances have
changed, among other factors:
1. Each party’s financial means and their capability to pay
2. How long the marriage lasted
3. Age and health of both parties
4. The standard of living enjoyed during the marriage, and
the chance for each party to maintain a comparable standard
after the divorce
5. Each party’s earning capacity, education, and job skills
6. How long a stay-at-home spouse has been out of the work
force
7. Who takes responsibility for the children
Where there is no review agreement, the court will rely on
law to make their decision. Spousal support is meant to help
a stay-at-home spouse to get on their feet, and to maintain
a standard of living. Having an agreement in place will ensure
timely review of a spousal support case.
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