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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
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Experience:  since 1983
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Is there a code in California Divorce law that says that in

Customer Question

Is there a code in California Divorce law that says that in the case of a long marriage "over ten years" that the court can uphold an increase in spousal support if the other spouse makes more money later
Submitted: 1 year ago.
Category: Family Law
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your question.

The answer is No, just because the supporting spouse has more income is not in itself a reason to increase a spousal support order.

"In Hoffmeister I we stated for the guidance of the trial court on remand: "In order to qualify for an increase in spousal support, the supported spouse must demonstrate two things: first, that material circumstances have significantly changed since the time of the last prior award and, second, that the reasonable present needs of the supported spouse are not being satisfied." (In re Marriage of Hoffmeister, supra, 161 Cal.App.3d at p. 1172.) We explained that where the changed circumstances relate solely to the supporting spouse's ability to pay, "the supported spouse must demonstrate -- in addition to the other spouse's increased ability to pay -- that his or her need is not being satisfied by the existing spousal support award. This can be accomplished, as it was in Sammut, [Sammut v. Sammut (1980) 103 Cal. App. 3d 557 (163 Cal.Rptr. 193)] by evidence that, although the [191 Cal. App. 3d 364] supported spouse's need has not increased, such need was never satisfied, or at least is not now being satisfied, by the last previous award at the time it was made and that need has not decreased." (In re Marriage of Hoffmeister, supra, 161 Cal.App.3d at pp. 1173-1174.)"

from pages 363-364 of

http://login.findlaw.com/scripts/callaw?dest=ca/calapp3d/191/351.html

I am sorry this is probably not the answer you had hoped for, but it would be unfair to you, and unprofessional of me, not to provide accurate information.

I hope this information is helpful.

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