HOW DO I MODIFY OUR SUPPORT AGREEMENT?

QUESTION: My ex and I were divorced a couple of years ago. We filed without any attorneys and agreed that he would pay a small amount each month for child support and spousal support for a specific amount of time (with the spousal support ending early if I remarry). At the time the amount I agreed to was much less than I would have be awarded by California law but it was all I needed to make ends meet and i wanted to divorce amicably. Now he is trying to change the agreement to pay less. Can he do this? We agreed these would be the terms regardless of what happened in our lives from that point forward.

MY RESPONSE: It depends upon what the Judgment says. Unless the Judgment provides that your Spousal Support is non-modifiable, Spousal Support is modifiable based on a material changed of economic circumstances (although for you to seek an increase in Spousal Support, you would also need to prove that the Spousal Support initially awarded to you was insufficient to enable you to be supported in accordance with the marital standard of living). Child Support is always modifiable on a showing of changed economic circumstances. Your ex can seek a modification of Spousal and Child Support based on a material change of circumstances, such as loss of his job, reduction of salary, unpaid furlough days, an additional child to support, or your increased income.