When Can a Spousal Support Award Be Modified in California?

Once spousal support has been ordered under Family Code section 4320, once a year either party can request the other party to complete an updated Income and Expense Declaration to  determine whether the amount of spousal support should be modified.  Spousal support 
can be modified when one party establishes there is a material change in circumstances.  

A change of circumstances means a reduction or increase in the supporting spouse’s ability to pay and/or an increase or decrease in the supported spouse’s needs. [Citations.] It includes all factors affecting need and the ability to pay.’ [Citation.] ‘A trial court considering whether to modify a spousal support order considers the same criteria set forth in Family Code section 4320 as it considered in making the initial order.’ [Citation.]” (In re Marriage of Dietz (2009) 176 Cal.App.4th 387, 396 [“a court asked to modify spousal support must consider and weigh all of the appropriate spousal support factors” under Family Code section 4320.])  Common changes can include retirement. long-term illness,  increase or decrease in employment income, as well as many others.    

Under Family Code section 3603, an order of temporary spousal support “may be modified or terminated at any time except as to an amount that accrued before the date of the filing of
the notice of motion or order to show cause to modify or terminate.” (Fam. Code, § 3603
[emphasis added].) “It is well established that even on a showing of changed
circumstances a ‘court may not retroactively modify a prior order for temporary spousal
support.’ [Citations.]” (In re Marriage of Gruen (2011) 191 Cal.App.4th 627, 638.)
“[A] trial court lacks jurisdiction to retroactively modify a pendente lite support order to any date earlier than the date on which a proper pleading seeking modification of such order is filed, unless it specifically reserves jurisdiction to do so.” (In re Marriage of Williamson (2014) 226 Cal.App.4th 1303, 1317.) 

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