A spousal support order may be modified or terminated at any time as the Court determines to be necessary. Fam. C. §§ 3651(a), 3651(e) (statute applies whether or not support is based on agreement of parties). In addition, the Court has authority to make any modification retroactive to the date of filing the within motion. Fam. C. § 4333.

In determining whether a material change in circumstances had occurred necessary to support a modification of Respondent’s spousal support obligation, the court must give effect to Respondent’s and Petitioner’s intent and reasonable expectations as expressed in the agreement. In re Marriage of Khera & Sameer (2012) 206 Cal.App.4th 1467, 1476 (“A material change of circumstances may be in the form of unrealized expectations.” In re Marriage of Beust (1994) 23 Cal.App.4th 24, 29.)

A family law court may not find a change of circumstances, however, in the reconsideration of a circumstance which has not changed since the previous order. In re Marriage Farrell (1985) 171 Cal.App.3d 695, 703. “Circumstances accounted for in the previous order cannot constitute a change of circumstances. Hogoboom & King, Cal. Practice Guide: Family Law, The Rutter Group 1999 ¶ 17:147...” In re Marriage of Lautsbaugh (1999) 72 Cal.App.4th 1131, 1133. “There is authority that the parties have the power to decide whether a particular event will or will not be deemed a material change of circumstances for purposes of modification of a support order.” In re Marriage of West (2007) 152 Cal.App.4th 240, 247.

Richmond Order — Termination of Support

An order providing for contingent termination of spousal support on a specific date unless, before that time, the supported spouse brings a motion to modify for good cause is denominated a Richmond order after the decision of In re Marriage of Richmond (1980) 105 Cal.App.3d 352.

The order in Richmond provided that the “obligation for spousal support shall continue through the month of September 1981, at which time spousal support shall forever terminate and the jurisdiction of this Court over the issue of spousal support shall terminate, unless prior to September 30, 1981, [the supported spouse] makes a showing of good cause to extend spousal support beyond that date.” Id. at 354. In upholding the order, the appellate court observed: “Limiting the duration of support so that both parties can develop their own lives, free from obligations to each other, is a commendable [judicial] goal.” In re Marriage of Morrison (1978) 20 Cal.3d 437, 452

"The effect of a ‘Richmond’ order is to tell each spouse that the supported spouse has a specified period of time to become self-supporting, after which the obligation of the supporting spouse will cease.... A ‘Richmond’ order psychologically prepares the supported spouse for the time when he or she must be self-supporting. It also places the burden of showing good cause for a change in the order upon the one who is most able to exercise the control necessary to meet the expectations the trial judge had in making the order." In re Marriage of Prietsch & Calhoun (1987) 190 Cal.App.3d 645, 665-666.

Consideration of Section 4320 Criteria

In ordering spousal support under this part, the court shall consider all of the following circumstances:

1. The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following:
   1. The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment.
   2. The extent to which the supported party's present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.
2. The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.
3. The ability of the supporting party to pay spousal support, taking into account the supporting party's earning capacity, earned and unearned income, assets, and standard of living.
4. The needs of each party based on the standard of living established during the marriage.
5. The obligations and assets, including the separate property, of each party.
6. The duration of the marriage.
7. The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party.
8. The age and health of the parties.
9. Documented evidence of any history of domestic violence, as defined in Section 6211, between the parties, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence against the supporting party by the supported party.
10. The immediate and specific tax consequences to each party.
11. The balance of the hardships to each party.

Fam. C. § 4320