Spousal Support & Proving Financial Hardship Due to Disability
Life can take unexpected turns, and coming into financial hardship due to disability can impact your ability to earn a living and in turn affect spousal support payments. Whether the disability occurred due to accident, illness, or even a catastrophic event – disability can come with significant cost making the need to modify spousal support necessary. California courts recognize that when circumstances change, spousal support orders may need to be adjusted. However, this does not happen automatically – you must file a motion with the court and provide evidence that you financial situation has changed due to your disability.
Key Evidence to Support Spousal Support Modification Due to Disability
Spousal support in California might come into play when there is a significant disparity in the relative income of the divorcing partners. In these situations, the higher-earning spouse may be ordered to pay spousal support for a defined period. This is meant to help the spouse receiving support to transition into their new life post-divorce.
However, the support order is calculated based on the circumstances in place at the time of divorce. In many cases situations unexpectedly change and it is appropriate to adjust the amount of spousal support ordered to be paid. However, it is important to realize that this obligation does not automatically reduce – the court must be asked to change their order, and the requesting party must provide sufficient evidence to demonstrate that circumstances have changed since the order was put in place.
Those seeking to have a spousal support order altered due to disability should be prepared to provide evidence of their drop in income and the effect the disability holds on the individual’s ability to work. This may include:
- Documentation from your healthcare providers detailing your disability, prognosis, and any limitations it imposes on your ability to work.
- If you have qualified for Social Security Disability Insurance (SSDI) or other disability benefits, these records can serve as strong evidence of your inability to work.
- Paystubs, tax returns, or letters from your employer verifying a decrease of income due to your disability.
- Evidence of ongoing and future medical expenses that demonstrate the financial burden caused by your disability.
- Expert vocational evaluations that analyze your ability (or inability) to continue working with your disability.
Successfully modifying a spousal support order due to disability requires a thorough and well-documented case.. An experienced family law attorney can help you gather the necessary evidence, file to appropriate motion, and discuss your next steps. gather the necessary evidence
Contact Cardwell Steigerwald Young, LLP
The experienced San Francisco family law attorneys at Cardwell Steigerwald Young, LLP can help to analyze your specific situation and provide seasoned counsel on all aspects of your family law case. Contact our office today to learn more.
Sources:
selfhelp.courts.ca.gov/spousal-support/change-order
jdsupra.com/legalnews/marital-standard-of-living-msol-1381409/
