Martinez, Flavia vs. Martinez Morales, Melchor

FL-21-00161 Martinez, Flavia vs. Martinez Morales, Melchor Petitioner’s Request for Order, filed August 5, 2026, is DENIED. Petitioner’s Request is based on the fact that she is no longer receiving child support. The termination of a companion child support order due to a child turning 18 constitutes a valid legal basis to request a modification of a post-judgment spousal support order. (Cal. Fam. §4326.) However, to successfully modify the spousal support order on this basis, the requesting party must file the request no later than six months from the date the child support order terminates. (Ibid.)

Here, Petitioner states that the child support order expired in September 2025 when the parties’ son turned 18. By that time, he had already graduated high school. Petitioner’s current request was filed beyond the six-month window. Therefore, Petitioner’s request for order for a modification of spousal support is denied as it is based solely on the basis that she is no longer receiving child support.