In most states, some spousal support orders cannot be modified. Therefore, it is important to look through your existing order to make sure it is one that can be changed. Spousal support orders can usually not be modified if there is an express agreement between the parties that the order is non-modifiable. This express agreement may either be in writing or oral.


In addition, spousal support orders that have a fixed duration can generally not be modified. In other words, if your spousal support order has a specific end date, it may not be able to be modified., Most states will allow a spousal support order to be modified only when the moving party can show a material and substantial change in circumstances since the most recent order. The judge will look at all the facts and circumstances of your case when making this determination. The court, in making a determination, will weigh the following factors:Your current ability to pay support, which is based solely on your current financial and employment circumstances (not on past or future circumstances).
Your ex-spouse's needs.
The balance of hardships, which will be used to look at the burden of spousal support on each party.
 In the case of a change in employment status, the judge will be particularly interested in knowing why the change came about. If the change in employment was within your control (i.e., you were fired for wrongdoing, you quit, or you changed jobs to make less money), the judge might not modify the order. However, if the change was out of your control (i.e., you were laid off or injured on the job), the judge may be more likely to modify the order for you.


Additionally, if your change in employment status is likely to result in only a temporary reduction in income, the judge might reduce your spousal support obligations on a limited basis. In these circumstances, the court might order that payments be reduced until you become reemployed., The financial information you present to the court must represent your current circumstances. If the only evidence supporting your modification motion is outdated, the court may simply deny your motion outright.It is important that you ask for the modification as soon as the change in employment status occurs. If you wait, you will not be able to to change your spousal support obligations as of the date your employment status changed. In other words, you cannot modify a spousal support obligation retroactively. The judge will only be able to modify your obligations as of the date you file your motion.
Analyze your current spousal support order.
Examine the law in your state.
Determine the particular legal standards in play.
Provide current financial information to the court.
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