In Marriage of Kacik, the parties had a 16-year marriage. Husband had earnings of $11,000 per month. The parties had one child together. In 2001, the Judgment awarded child support and spousal support to the wife. However, in the Judgment, the spousal support was to reduce from $1,600 per month to zero by February 2008. The minor child aged out of child support in 2006 so the child support reduced to zero in August 2006. In February 2008, Wife petitioned the court to increase spousal support as Husband’s income increased to $14,000 per month. When Wife’s request to increase the spousal support was heard by the trial court, the court held the termination of the child support was a change of circumstances that would warrant a review of the spousal support and the court continued the $1,600 per month spousal support rather than reducing it to zero.
The appellate court took a look at Family Code section 4326. This section says that where there is a spousal support order in which the court has retained jurisdiction over spousal support and there is a companion child support order in effect, and the child ages out of child support, this constitutes a change of circumstances that may be the basis for a request for modification of spousal support.
Interesting to note however, Family Code section 4326 expired on January 1, 2011. This means as of about a month ago, spousal support cannot be modified merely because a child has turned 18 and child support is no longer paid. There is currently a Senate Bill extending it to January 1, 2014, but it is not in effect yet. Whether or not it passes into law will have an enormous effect on the modification of spousal support when children of the marriage age out of child support by turning 18. Make sure you keep up on what is to become of Family Code section 4326… especially if you or your former wife/husband is receiving spousal support and there is child support paid but children are approaching 18.
When and if Family Code section 4326 is extended, it may be worth a consult with your family law attorney to see if an increase or other change in spousal support is warranted before the order terminates.
For more information about annulments and other family law matters, contact the Reape-Rickett Law Firm at 661-288-1000. They are located at 23929 West Valencia Boulevard, Suite 404 in Valencia.