Can you file ex parte for spousal support modification on the grounds of medical needs?

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Can you file ex parte for spousal support modification on the grounds of medical needs?

Asked on December 7, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

In short, probably not.  Are you the payor or the payee?  Spousal support will be modified if there is a change related to incomes--but it would be an exceptional case (and probably a reversible error) for a judge to increase support based on new medical needs.

If you are paying support and want a modification because you can't afford your medical needs if you keep paying support---I would suggest you request a modification on the normal timeline and stop paying support.

If you are receiving support and want a modification because circumstances have changed--like your earnings or the other party's earnings, then would suggest you request a modification on the normal timeline.

I simply don't think you have an ex-parte "emergency" here.

Best of luck.


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