If you own a business, then you know that small businesses have their ups and downs. Starting an organization during your marriage may have taken its toll on your finances. When you got a divorce, your company was not doing incredibly well, but you were doing good enough for the judge to award your ex-spouse spousal support.
Now, after your divorce, your business has finally taken off. While you are incredibly excited about the future and the growth in your commercial venture, your former spouse may be planning to take you back to court to get more spousal support. You may wonder if he or she can do this.
Spousal support modification
According to the Judicial Council of California, a judge may change your spousal support order if your former spouse can show that there has been a significant change in financial circumstances. If your business is bringing in a lot more money than it did at the time of your divorce, then the chances are good that a judge will see that as a significant change.
Keep in mind that the idea behind spousal support is to help a former spouse support him or herself after the divorce when he or she may not have been able to do so. You may have some defenses to prevent an increase in the support you pay if you can show that your former spouse’s circumstances have also changed. You could show that he or she is supporting him or herself fine with the current amount or show that your former husband or wife had an increase in income. You may also be able to show that he or she is in a relationship that would alter your support order.
Use a modification request to your advantage if you can. You may be able to avoid an increase in support if you can prove that you have both had a change in financial circumstances.