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Volume20
Year2012
TitleGrounds for Modification of Support Agreements
Author(s)Christina McClurg
First Page283
AbstractDivorcing couples frequently enter marital termination agreements that, among other things, specify periodic spousal support. California courts have the authority to modify these support obligations, upward or downward, if the following requirements are met: (1) the court has jurisdiction over the parties; (2) the modification concerns future rather than accrued payments;1 (3) the obligation in question is actually for support;2 (4) the agreement does not indicate that the support obligation is non-modifiable;3 and (5) the moving party establishes grounds for modification. This memo concerns the last of these requirements, which typically is the most difficult one to conquer.