What is the test for determining whether a spouse can request a modification of support?

California, United States of America


The following excerpt is from Cnty. of Tulare v. Lara, F076815 (Cal. App. 2019):

" 'The ultimate determination of whether the individual facts of the case warrant modification of support is within the discretion of the trial court. [Citation.] The reviewing court will resolve any conflicts in the evidence in favor of the trial court's determination.' [Citation.]" (In re Marriage of Cryer, supra, 198 Cal.App.4th at p. 1054.) " ' " 'Discretion is abused whenever, in its exercise, the court exceeds the bounds of reason, all of the circumstances before it being considered. The burden is on the party complaining to establish an abuse of discretion, and unless a clear case of abuse is shown and unless there has been a miscarriage of justice a reviewing court will not substitute its opinion and thereby divest the trial court of its discretionary power.' " [Citation.]' [Citation.]" (Acosta v. Brown (2013) 213 Cal.App.4th 234, 244.)

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