Spousal support, formerly known as alimony, is a key component of many divorce settlements and judgments in California. However, changes in financial circumstances may require adjustments to existing spousal support orders. Given the rising cost of living and changing employment opportunities in Sacramento and Placer County, modifications to spousal support orders are increasingly common. Whether you seek to increase, decrease, or terminate support, understanding the legal process is crucial. This guide is a step-by-step overview and explanation of the basic procedures, requirements, and documentation needed to modify spousal support orders in California. 

Every case is unique, just like yours. At Hughes Law Group, we’ve been helping former spouses navigate spousal support modifications in Sacramento and Placer County for more than three decades. If you need expert legal guidance, our Sacramento spousal support lawyers are here to help. Are you looking for a reduction, increase, or termination of spousal support? Let’s talk – schedule a consultation today to get answers to your spousal support questions.

Step 1: How Sacramento Attorneys Identify Reasons for Spousal Support Modifications

California Family Code §§3590–3593 grants family law courts the power to alter spousal support orders. Unless the support order explicitly includes a “nonmodifiable” clause, the court may modify the obligations if a “material change in circumstances” has taken place since the original order.

Examples of such circumstances include:

• Job loss or a significant drop in income for either party.
• A substantial increase in the receiving former spouse’s income.
• Cohabitation of the supported former spouse.
• Health challenges that affect earning ability.
• The paying former spouse’s retirement (usually at the ordinary age for retirement in the profession).

Temporary spousal support orders (pre-judgment orders) are generally easier to modify than spousal support obligations listed in a divorce judgment.

See our checklist for examples of “When is a review of my Spousal Support Order recommended?” on our Spousal Support services page.

Step 2: Reviewing Spousal Support Orders in Sacramento and Placer County Cases

When considering filing for a modification, thoroughly review the original spousal support order, spousal support provisions in the marital settlement agreement or the judgment. Ask yourself:

Ask yourself:

• Is modification explicitly permitted under the terms of the order?
• Are there any clauses indicating the agreement is non-modifiable?
• Does the order use the term “non-modifiable”?
• Does the order use the phrase “is only modifiable if…”
• Does the restriction apply to the amount of support, the duration of the support obligation, or both?
• Are there specific conditions listed that would trigger a modification?
• Are the parties’ status or financial circumstances significantly different from when the order was made or negotiated?

Unless explicitly prohibited in the divorce judgment, and the current order isn’t brand new, our local judges in Sacramento and Placer County typically allow spousal support modifications.

Step 3: Explore Informal Negotiation Options

Before running to the court, consider working toward an informal agreement with your former spouse. An experienced family law attorney can negotiate on your behalf and help navigate potential solutions, such as a lump-sum settlement to permanently resolve support obligations.

If both parties agree to modify the support terms, a stipulated order can be prepared to document the changes. This document must be submitted to the court for judicial approval to ensure it is legally binding.

Do not rely on verbal agreements or reduce support payments without a court-approved order. Such actions can backfire if your former spouse later denies the agreement and enforces the original order, potentially adding ten percent interest to unpaid amounts, penalties.

Step 4: Investigate Your Ex-Spouse’s Financial Circumstances Before Going to Court

Keep in mind that pursuing a modification request may stir up unexpected challenges. Subject to any restrictions in your divorce judgment that limit the court’s discretion, remember that a request to modify support can result in changes that are not in your favor. Proceed cautiously, as there is a risk you may regret initiating the process.

Many people are unaware that they have the right to request updated financial information from their former spouse annually. Under Family Code §3664, you can file a Request for Production of an Income and Expense Declaration After Judgment (FL-396) to obtain your former spouse’s current financial details following the divorce judgment. With this information – and after consulting with an experienced spousal support attorney – you can make an informed decision about whether to move forward.

Step 5: File a Request for Order (RFO)

If informal discussions do not lead to an agreement and you choose to move forward, the next step is to draft and file a Request for Order (RFO) to formally petition the court for a spousal support modification. This filing initiates the legal process to request your proposed change to spousal support.

The required documents you will need to file are:

1. Request for Order (Form FL-300) – Check the “Partner or Spousal Support” and “Change” boxes. Complete section 4 on page 3.
2. Income and Expense Declaration (Form FL-150) – Provide complete and detailed answers as required by the form.  Question 11 at the bottom of page 2 is often overlooked.  This information is required by California Rules of Court 5.260.
3. Spousal or Partner Support Declaration Attachment (Form FL-157) is required if the request for modification is post-judgment.
4. Supporting Declaration – Your statement, under penalty of perjury, explaining to the court why the modification is appropriate, based on the specific changed circumstances. A valid declaration must comply with Code of Civil Procedure §2015.5.

For Sacramento County spousal support modification, these documents are filed at the William Ridgeway Family Relations Courthouse at 3341 Power Inn Road in Sacramento.

For Placer County spousal support modification, these documents are filed at the Howard G. Gibson Courthouse at 10820 Justice Center Drive in Roseville.

Step 5: Have Your Former Spouse Served with the RFO

After filing your documents with the Sacramento or Placer County court and obtaining a hearing date, you must serve your former spouse with copies of the moving papers along with blank responsive forms. Service must comply with California rules and be completed by an individual over 18 years old who is not a party to the case. Acceptable methods include personal service or mail service performed by a third party. Service on the other party’s attorney alone does not satisfy the requirements.

If the RFO involves modifications to child custody, visitation, or child support along with spousal support, service may be completed by first-class mail in accordance with Family Code §215. For spousal support modifications only, personal service is mandatory.

Hiring a registered process server can be particularly advantageous. If your former spouse does not attend the hearing, California Evidence Code §647 presumes that the proof of service filed by the process server is accurate and that service was properly executed.

Step 6: What to Expect at a Sacramento or Placer County Spousal Support Modification RFO Hearing

The court will schedule a hearing to consider your RFO to modify spousal support.

During this hearing:

• The initial hearing is set on a limited “law and motion” calendar, so time is usually limited to ten-fifteen minutes. 
• Both parties can be represented by counsel or self-represented.
• Both parties can present evidence, including financial documents and legal arguments (subject to time constraints).
• The parties will be sworn and can provide their own summary testimony.
• The judge may ask questions of the parties or their counsel.
• Limited live testimony may be allowed as authorized by Family Code §217.
• The judge will evaluate whether there has been a material change in circumstances justifying the modification.

Requests made after a divorce judgment follow strict rules. The court must comply with California Family Code §4320, making specific findings of fact before granting modifications. When the parties dispute either the facts of the case or how those facts apply to the §4320 factors, the court is obligated to schedule a trial to resolve the modification issue.  [A list of the §4320 factors is found on our Spousal Support services page in the section “How does the Court determine Post-Judgment or Long-Term Spousal Support?”].

While awaiting trial – often scheduled for several months later – the court has discretion to modify spousal support on a temporary basis. Additionally, the court will set a mandatory settlement conference to encourage resolution before trial.  

Step 7: Await the Court’s Decision

Following the hearing (or at the end of the hearing), the judge will evaluate the Family Code §4320 factors and issue a decision regarding your request to modify spousal support. This may include changes to the amount, duration, or terms of the existing order. If approved, the modification will be effective on the date set by the court, which could be retroactive to when you filed and served the RFO.

The court may announce the ruling at the hearing or may serve the ruling later by mail.  If the ruling is announced verbally, the court may order the prevailing party to prepare the proposed order pursuant to California Rule of Court 3.1312. 

Step 8: Enforce the Modified Order

If your former spouse attended the hearing, the clerk will serve both parties with any written decision and resulting court order. If your former spouse did not attend, any modified order must be served upon them.

If an Income Withholding for Support (FL-195) order had been issued and the payor’s employer has been paying support based on the previous order, a new Income Withholding for Support (FL-195) form will need to be drafted, processed with the court and then served on the employer.  

The parties are then required to follow the modified order with the same responsibilities and consequences for noncompliance as the previous order or judgment.  

Key Tips for Success When Modifying Spousal Support Orders

• Know What You Can Prove in Court: The court relies on the Rules of Evidence. Do you have admissible evidence to prove a change in circumstances? Can you verify your former spouse’s current financial situation, or are you speculating? Evidence like social media photos of what appears to be a lavish lifestyle may not suffice. Consider whether you can provide solid proof, such as evidence of cohabitation or their new salary. Remember, the burden of proof lies with the party seeking modification.
• Analyze the Basis of the Previous Order: Demonstrating a change in circumstances requires not only new evidence but also a clear understanding of the facts underlying the original order. Secure past documents, such as Income and Expense Declarations, paystubs, or tax returns used during the original spousal support negotiations. A judge will need to review both past and current circumstances to determine if a modification is warranted.
• Consult a Sacramento and Placer County Family Law Attorney With Spousal Support Modification Experience: Work with a local family law attorney familiar with spousal support matters in Sacramento and Placer Counties. A confidential consultation with a lawyer that has done countless spousal support hearings can help you better understand your case and improve your chances of achieving a favorable outcome. 

Ready to modify your spousal support order? Schedule a consultation with our experienced Sacramento attorneys today!

Final Thoughts

Every spousal support case is unique. Our Sacramento and Placer County attorneys have over 30 years of experience helping clients navigate the complexities of support modifications. Whether you’re seeking a reduction, increase, or termination, we’re here to guide you every step of the way. Contact us today to secure your financial future.  Let us help – schedule a consultation.