Can I Get More Spousal Suport from My Ex when child support ends

If your child reaches the age of 18 and is no longer a full-time high school student, then absent an agreement to the contrary your child support comes to an end. However, if you are either receiving spousal support or there is retained jurisdiction to award it, then might I suggest a useful option to increase the amount you receive.
In 2007, the Legislature added Section 4326 to the Family Code. That section provides: “…. in a proceeding in which a spousal support order exists or in which the court has retained jurisdiction over a spousal support order, if a companion child support order is in effect, the termination of child support …….constitutes a change of circumstances that may be the basis for a request by either party for modification of spousal support.”
A motion to modify spousal support based upon these circumstances must be filed by either party no later than six months from the date the child support order terminates.
To illustrate the intent of the section, assume a hypothetical appropriate amount of spousal support in a case that also involves a child support order. Further assume, however, that because of the high levels of child support required under California child support guidelines, there simply isn’t enough money left over for the spousal support order to reach that hypothetically appropriate amount. The recipient is left with a sub-appropriate amount with no recourse to go back to court to argue these are changed circumstances. Section 4326 was intended to remedy that situation.
Now there may exist other bases for an upward modification of spousal support in any individual’s case. But this law provides a legal basis for a change of circumstances from which to make a case.
For more information contact the law office of Donald A. Hayes, the divorce and bankruptcy expert at 661-295-8395.