“FC 3591 provides that the provisions of an agreement with regard to spousal support are subject to modification or termination by the court. However, an agreement cannot be modified or terminated as to an amount accrued before the filing of a motion to modify or terminate.
‘A motion for modification of spousal support may only be granted if there has been a material change of circumstances since the last order.’ [In re Marriage of Smith.]
The material change of circumstances must be proven to the satisfaction of the court. [In re Marriage of Rosenfeld & Gross.] Otherwise, dissolution cases would have no finality, and unhappy former spouses could bring repeated actions for modification with no burden of showing a justification to change the order.
Parties are entitled to attempt, with some degree of certainty, to reorder their finances and lifestyles in reliance upon the finality of the decree.
‘Absent a change of circumstances, a motion for modification is nothing more than an impermissible collateral attack on a prior final order.’ [In re Marriage of Smith.]
Modification of spousal support based on consideration of the FC 4320 factors constitute error when the evidence does not show a material change of circumstances. [In re Marriage of Dietz.] The court must first find that there is a material change in circumstances and then consider the circumstances set forth in FC 4320.
The moving party bears the burden of establishing that a material change of circumstances has occurred since the last order was made in order to obtain modification of the spousal support order.
After showing to the satisfaction of the court that a change of circumstances occurred, ‘it does not ensure that a modification will be granted.’ [In re Marriage of Stephenson.]
A change of circumstances sufficient for either party to request a modification of spousal support may exist where there is a spousal support order and a companion child support order and the child support is terminating pursuant to FC 3901(a)(1). The court must have retained jurisdiction over the spousal support in order for there to be a modification. [FC 4326(a).] The motion to modify or terminate spousal support must be filed no later than six months after the child support has terminated. [FC 4326(b).]”
[LW Greenberg, California Family Law]
