How can I modify my divorce decree?

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How can I modify my divorce decree?

In 03/09 I got my divorce. At that time my presumed income would be $4000 per month from my business. I am self-employed. My actual income since then has averaged about $900 a month as a result of the economy. I can’t find a second job and I’m now $20,000 in debt just to survive. My ex-wife keeps harassing me for money that I don’t even have.

Asked on November 3, 2010 under Family Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From the court, you can obtain the following forms: (1) Order to Show Cause (2) Application for Order and Supporting Declaration. 

On the Order to Show Cause, check the boxes which say Modification, Spousal Support.  Also, complete the information (name of party without attorney, etc.), name of court,  case number,To (name) (ex-wife).

Complete the appropriate information on the Application for Order and Supporting Declaration such as item numbers 4 and 10.  Attach your declaration explaining your reduced income.  Sign the declaration under penalty of perjury.  Attach a proof of service and file your documents with the court.  The court will set a date for a hearing.  Changed circumstances such as a change in income is a basis for supporting a modification in spousal support and would be the argument to emphasize at the hearing.  You can obtain a court form for proof of service or you can write your own.  The proof of service just confirms the date of mailing.  It just says that you are over 18 and the attached documents were sent via first class mail unless otherwise specified to ________ (name and address of your ex-wife) on _________ (date).  The date of mailing and the date you sign the proof of service should be the same and should also be the same as the date you file your documents with the court.

 


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