Ex-Wife's Motion to Extend Spousal Support Denied by Court, Finding Lack of "Reasonable Efforts" to Become "Self-Supporting"
A California court denied a woman's motion to modify a spousal support order in In re Marriage of Khera and Sameer, finding that she had not adequately shown evidence of changed circumstances. The original spousal support order provided for a gradual decrease in support payments until an eventual termination date. The ex-wife (referred to herein as the wife for brevity) sought to delay the date for termination of support payments.
The husband, Sameer Khera, filed for the dissolution of his marriage to Madhu Sameer in October 2003. They had been married since 1986 and had three children. After they agreed on the record to some of the terms of the divorce in May 2007, a court entered a final judgment on the remaining issues in February 2008. Under the agreement and final judgment, the husband was obligated to pay spousal support of $2,650 per month beginning in June 2007. Monthly support would decrease to $1,650 on June 1, 2009, and would terminate entirely on June 1, 2010.
This type of spousal support order, in which the amount decreases over time, is known in California as a Richmond order, after In re Marriage of Richmond, 105 Cal.App.3d 352 (Cal. App. 1st Dist. 1980). Spousal support, under California law, is intended to allow the recipient spouse to maintain the same reasonable standard of living as during the marriage. The purpose of a Richmond order is to allow the recipient spouse time to become financially self-sufficient. The Richmond court held that a court should retain jurisdiction over a spousal support order to ensure that the recipient spouse has the ability to meet their own financial needs by the termination date, and to modify the support order if a spouse can show good cause.