Is it possible to go back to court after the divorce is final?
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Is it possible to go back to court after the divorce is final?
I was ill when I got a divorce and I’m wondering my legal rights as far as revisiting alimony?
Asked on February 19, 2016 under Family Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If there are changed circumstances such as a change in income for you or your ex, you can seek a modification of spousal support.
You will need to file an Order to Show Cause and request a hearing date with your request for modification of spousal support. You should also file a declaration signed under penalty of perjury stating your reasons in support of the modification of spousal support. If the request for modification of spousal support is due to a change in your income, you should also file an income and expense declaration. Copies of all documents you file with the court are to be served by mail on your ex.
If you are just claiming illness during your divorce, it is unlikely that alone will be sufficient to support a modification of spousal support.
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