Ask for temporary spousal support

As soon as a case is filed, you can ask the court to order temporary spousal support (or temporary domestic partner support). If at any point your financial situation changes, you can ask the court to change the amount of support. You will need to show the judge what changed.

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Use different instructions to change a long-term spousal support order.  Long-term spousal support is support that is ordered after a divorce is final (there's a judgment). There are different forms and rules you need to follow to change a long-term spousal support order.

Before you start

You can use these instructions to ask for a temporary spousal support order

When you ask for temporary spousal support or to change support, you tell the court the amount of support you'd like it to order. If you need help figuring out how much to ask for, consider these resources:

A Family Law Facilitator or Self-Help Center may be able to explain support or even help you calculate the amount of temporary support that the court would likely order. 

How to ask for spousal support

  • Fill out the Request for Order form

    Request for Order (form FL-300)

    Use this form to tell the court: 

    • What order you want

    • Why it should order that way 

    For spousal support, use item 4 on page 3, and “Facts to Support” (item 10 on page 4). 

     

     

  • Fill out the Income and Expense Declaration

    Income and Expense Declaration (form FL-150). This form asks how much money you earn and how you spend your money.  

    • Attach proof of your income (like paystubs) from the past two months to the form. 
    • Do not attach a copy of your last year’s taxes. Bring a copy (if you have one) to the hearing.  
  • Attach documents to support your case

    illustration of gathering documentation

    Sometimes it's important to have documents that support your case. If you have any, you can attach or file these with your request so the judge can consider them at the hearing.

    • Documents might include a receipt, bill, or letter from your employer
    • Black out any private information like a Social Security number or account numbers
    • If there is a witness (someone who saw or personally knows something), you can ask them to write and sign a statement that says what they know. Learn more about witness statements.

    If you don't have these ready now, you can file them later.

  • Make copies of your forms

    After you’ve filled out, signed, and dated both forms, make 2 copies of the forms and any attachments.  

  • File your forms

    To file your forms with the court:

    • Give the original and the 2 copies to the court clerk  

    • Pay a $60 fee (unless you’ve gotten a fee waiver) 

    members fo the public waiting in line to talk to the clerk

    There may be other fees. For example, if you’re also asking to change child custody or visitation. If you can't afford the fee, you can ask for a fee waiver

    The clerk will:  

    • Stamp the forms 

    • Write a hearing date on the Request for Order form 

    • Keep the original form and return the copies to you 

    A judge will make a decision about your request at the hearing. 

Temporary Spousal Support

What's next?

Once you’ve filed the forms, the next step is to serve your spouse. 

 

Before or after you served the papers, you can start to prepare for your court date.

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