What to do about re-opening a spousal support issue?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about re-opening a spousal support issue?
My ex-wife are divorced (with kids) and our case was finalized 6 years ago. Neither of us live in the same county that we had completed the case in but I need to re-open the spousal support issue (not child support). Do I now file in my county or in the county where she lives? Or perhaps the original county. I don’t know who has jurisdiction. We share custody and the kids live with her during school. I have them every other weekend and breaks, summer, etc.
Asked on January 6, 2013 under Family Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
It would be advisable to file in the court in the county where the divorce was filed because that court has the record of your case.
If you want to modify spousal support, file an Order to Show Cause (court form) and a supporting declaration. When you file an Order to Show Cause, the court will schedule a hearing on the spousal support issue. Your supporting declaration states the facts supporting your argument for modifying spousal support. Changed circumstances such as a change in income are grounds for a modification of spousal support. File your Order to Show Cause, supporting declaration and a proof of service with the court and serve a copy of these documents by mail on your ex. You can either use a court form proof of service or you can write your own. If you write your own proof of service, it just says that you are at least eighteen years of age and the attached documents were sent via first class mail unless stated otherwise to ______________ (name and address of your ex) on _________ (date). You sign and date the proof of service at the bottom. The date you sign should be the same as the date of mailing and the same date you file your documents with the court.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.