If I Ask for Support to be Decreased, Could it be Increased Instead?

You should request that a court modify the amount of your spousal or partner support if there has been a significant change in:

your income, or
your former spouse’s or partner’s income.

NOTE: It is very important to request that the court modify your support amount as soon as possible. If you do not make the request, you will still owe the full amount of support even though your situation has changed.

Also, if you owe that amount but are unable to pay it, you will owe interest (at the rate of 10% per year) on any unpaid balance. This will be in addition to the spousal or partner support amount that you owe.

The court has no power to modify the amount of support until a motion has been filed and served on the other former spouse or partner.

Once you request the court to modify the amount of spousal or partner support, the court will make its decision based upon the current circumstances. This means that the support amount could go either up or down.

If you are not sure whether the change in circumstances will result in an increase or a decrease, you can ask the Family Law Facilitator’s Office in your county to help calculate the estimates for you.

To find the Facilitator’s office in your county, click here.

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