Can I change the amount of spousal support I owE (while i am incarcerated or after my release)?

After a judge makes a spousal or partner support order, one or both spouses or domestic partners may need to change the order. This may happen because you or your former spouse’s job changed, you or your former spouse does not need support any more, or you would like to make changes because the spouse that is paying cannot afford to pay the ordered amount. When deciding whether to change the order, a judge will look to determine if there is are “changes in circumstances.”

IMPORTANT! Unless the judge signs a new court order, the existing spousal or partner support amount and order will not be changed. So, to protect yourself, even if you have a verbal agreement with your spouse/domestic partner to change the spousal or partner support amount, put it in writing and have a judge sign it. That way you have a current spousal or partner support order that reflects the current amount.

!

IMMEDIATELY! It takes time for the courts to process paperwork and/or to schedule a hearing before a judge to change court orders and you do not want to get into trouble if your circumstances have changed and now it is difficult to pay. Remember, failure to pay because you do not want to pay may result in the court stating you are in “contempt of court” which may lead to jail time.

For steps on how to change your spousal support court order, see Appendix M, PG. 831.