Spousal Support / Alimony Modification

DISCLAIMER (Read Before Use)
This template is provided for informational purposes only and does not constitute legal advice. You must have this template reviewed and customized by a qualified attorney licensed in your jurisdiction before use. Confirm all facts, complete every [PLACEHOLDER], and verify the current California Family Code, the California Rules of Court, and the current Judicial Council forms (e.g., FL-300 Request for Order, FL-150 Income and Expense Declaration) before filing. Do not use this template without professional legal review.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF [COUNTY]

FAMILY LAW DIVISION

Case No.: [CASE NUMBER]
Assigned to: Dept. [DEPARTMENT] — [JUDGE NAME]

REQUEST FOR ORDER: MODIFICATION (OR TERMINATION) OF SPOUSAL SUPPORT

[Cal. Fam. Code §§ 3651, 4320, 4323, 4337]
(File on Judicial Council Form FL-300; attach FL-150 Income and Expense Declaration)

Date of Judgment / Existing Support Order: [__/__/____]
Is support non-modifiable by written agreement under Fam. Code § 3651(d)? ☐ No ☐ Yes (if Yes, the Court may lack power to modify — consult counsel)

1. INTRODUCTION AND JURISDICTION

1.1 The moving party, [MOVING PARTY NAME], requests modification of the spousal-support order entered in this matter on [__/__/____] (the "Existing Order"), and seeks an order under Cal. Fam. Code § 3651.

1.2 The moving party brings this Request as the ☐ obligor (supporting party) ☐ recipient (supported party).

1.3 This Court reserved and retains jurisdiction over spousal support and is the proper forum.

2. THE EXISTING SUPPORT ORDER

2.1 The Existing Order requires [OBLIGOR — Petitioner / Respondent] to pay spousal support of $[____] per month to [RECIPIENT — Petitioner / Respondent], commencing [__/__/____].

2.2 Term / duration of support: [________________________________].

2.3 The judgment ☐ does ☐ does not contain a written agreement making support non-modifiable as to amount and/or term (Fam. Code § 3651(d)).

2.4 A "Gavron" admonition under Cal. Fam. Code § 4330(b) ☐ was ☐ was not previously given to the supported party.

2.5 Amount currently paid / arrearage, if any: $[____].

3. MATERIAL CHANGE OF CIRCUMSTANCES

A long-term (post-judgment) spousal-support order may be modified only on a showing of a material change of circumstances since the last order. The Court weighs the factors in Cal. Fam. Code § 4320. The moving party alleges the following material change(s):

☐ Involuntary job loss or substantial decrease in the supporting party's income (from $[____]/mo to $[____]/mo).
☐ Substantial increase in the supporting party's income (from $[____]/mo to $[____]/mo), warranting an increase.
☐ Disability or serious illness of [moving party / other party] affecting earning capacity or need.
☐ Bona fide retirement of the supporting party at age [____].
☐ Failure of the supported party to make reasonable efforts to become self-supporting following a Gavron admonition (Fam. Code §§ 4330(b), 4320(l)).
☐ Decreased need of the supported party (new employment, inheritance, or other financial improvement).
☐ Cohabitation of the supported party with a nonmarital partner — see Section 4 (Fam. Code § 4323 presumption).
☐ Other: [________________________________].

Supporting facts: [________________________________].

4. COHABITATION — REBUTTABLE PRESUMPTION OF DECREASED NEED (Cal. Fam. Code § 4323)

4.1 Cal. Fam. Code § 4323(a)(1) provides: "Except as otherwise agreed to by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabiting with a nonmarital partner. Upon a determination that circumstances have changed, the court may modify or terminate the spousal support."

4.2 Section 4323(a)(2): "Holding oneself out to be the spouse of the person with whom one is cohabiting is not necessary to constitute cohabitation."

4.3 The moving party alleges that the supported party, [RECIPIENT NAME], is cohabiting with a nonmarital partner, [________________________________], at [________________________________], since on or about [__/__/____], as evidenced by [________________________________]. The moving party therefore invokes the rebuttable presumption of decreased need under § 4323.

5. TERMINATION BY OPERATION OF LAW (Cal. Fam. Code § 4337)

5.1 Under Cal. Fam. Code § 4337, except as otherwise agreed in writing, the obligation of a party to pay spousal support terminates upon the death of either party or the remarriage of the supported party.

5.2 The moving party alleges (check if applicable):
☐ The supported party remarried on or about [__/__/____].
☐ A party died on [__/__/____].

6. RELIEF REQUESTED

The moving party respectfully requests that the Court:

☐ Decrease spousal support to $[____] per month, effective [__/__/____].
☐ Increase spousal support to $[____] per month, effective [__/__/____].
☐ Terminate spousal support effective [__/__/____] under Cal. Fam. Code § 4337 (death/remarriage), § 4323 (cohabitation), or for material change.
☐ Set a termination date for spousal support and issue/renew a Gavron admonition under § 4330(b).
☐ Grant such other and further relief as the Court deems just.

7. CURRENT FINANCIAL DISCLOSURE

7.1 The moving party files herewith a current Income and Expense Declaration (FL-150) together with pay stubs for the two most recent months and the most recent federal income tax return.

7.2 The moving party requests that the responding party serve a current FL-150 and supporting income documentation.

8. DECLARATION / VERIFICATION

I, [MOVING PARTY NAME], declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct of my own knowledge, except as to matters stated on information and belief, and as to those matters I believe them to be true.

Executed on [__/__/____] at [CITY], California.

______________________________
[MOVING PARTY NAME]

9. CERTIFICATE / PROOF OF SERVICE

A copy of the foregoing Request for Order and supporting declarations was served upon [RESPONDING PARTY / counsel] at [SERVICE ADDRESS] by [personal service / first-class U.S. mail / electronic service] on [__/__/____].

Respectfully submitted,

______________________________
[ATTORNEY NAME], State Bar of California No. [_______]
Attorney for [Moving Party]
[FIRM NAME]
[STREET ADDRESS], [CITY], California [ZIP]
Tel: [PHONE] | Email: [EMAIL]

Sources and References

• Cal. Fam. Code § 3651 — Modification or termination of support order; non-modifiable agreements (§ 3651(d)).
• Cal. Fam. Code § 4323 — Cohabitation; rebuttable presumption of decreased need: https://codes.findlaw.com/ca/family-code/fam-sect-4323/
• Cal. Fam. Code § 4337 — Termination on death or remarriage.
• Cal. Fam. Code §§ 4320, 4330 — Spousal-support factors; admonition to become self-supporting (Gavron); see In re Marriage of Gavron, 203 Cal. App. 3d 705 (1988).
• Cal. Fam. Code § 3653 — Retroactivity of modification orders.
• Judicial Council Forms FL-300 (Request for Order) and FL-150 (Income and Expense Declaration).