Decorations are going up, holiday music is playing and your to-do list keeps growing. For many, the holiday season is synonymous with increased spending. As you balance co-parenting and spousal support, it is natural to wonder: can you ask for more support during this expensive time of year?
Modifying spousal support is possible under certain circumstances
Spousal support, or alimony, is a post-divorce payment ordered by the court from one spouse to the other. The amount and duration of spousal support depends on the length of the marriage, each person’s income and their shared standard of living.
If you are receiving spousal support and your expenses have risen considerably during the holidays, you may be able to petition the court for a temporary increase in support. This is especially worth considering if your former spouse’s income or financial situation has improved.
Is your case eligible for spousal support modification?
Before making a request, consider the following key factors:
- Your current spousal support agreement: Generally, if your divorce papers or agreement already specify how to handle holiday costs, you will need to stick to those terms.
- Your financial situation: Courts often ask for documentation of your income, expenses and any changes that have happened since your original agreement was finalized.
- Your ex-spouse’s financial situation: You will need to show that your ex-spouse can afford to pay increased support.
- Your specific expenses that warrant additional support: Make sure to prepare a list of your holiday expenses and provide reasons for each one.
It is essential to note that modifying spousal support due to increased holiday-related expenses is not automatic. Courts will first look into the necessity of the requested additional support before making a decision.
Extravagant gifts or lavish vacations might not qualify as essential. Conversely, reasonable costs for your children’s gifts or travel related to custody arrangements could hold more weight.
If you believe you may have a valid case, it is advisable to work with a California family law attorney as soon as you can. Your attorney can evaluate how strong your case is and guide you through the steps to secure the support you need.
