Marriage of Vigil CA4/1

DISCUSSION

I. Modification of Spousal Support

A. General Legal Principles

" 'Modification of spousal support, even if the prior amount is established by

agreement, requires a material change of circumstances since the last order. [Citations.]

Change of circumstances means a reduction or increase in the supporting spouse's ability

to pay and/or an increase or decrease in the supported spouse's needs. [Citations.] It

includes all factors affecting need and the ability to pay.' [Citation.] 'A trial court

3 considering whether to modify a spousal support order considers the same criteria set

forth in . . . section 4320 as it considered in making the initial order.' " (In re Marriage of

Dietz (2009) 176 Cal.App.4th 387, 396 (Dietz).) The section 4320 criteria include the

extent to which each party's earning capacity is sufficient to maintain the marital standard

of living; contributions to the supporting spouse's education, training, or career; the

supporting party's ability to pay spousal support; the parties' respective needs based on

the marital standard of living, obligations and assets including their separate…