In Arizona the terms of the divorce will specify the conditions that alimony will stop. The obvious reasons for terminating alimony are the death or remarriage of the person receiving the payments. Since many spousal maintenance awards are for a fixed number of years, the lapse of that period of time will cause the termination of the payments.
Matters that will require an evidentiary hearing shall be brought before the court using a "petition for order to appear" (often currently referred to as a "petition for order to show cause").
Section 25-327 of the Arizona Revised Statutes provides in part:
Provisions of any decree respecting maintenance or support may be modified or terminated only on a showing of changed circumstances that are substantial and continuing except as to any amount that may have accrued as an arrearage before the date of notice of the motion or order to show cause to modify or terminate. The addition of health insurance coverage as defined in section 25-531 or a change in the availability of health insurance coverage may constitute a continuing and substantial change in circumstance. The provisions as to property disposition may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state. Modifications and terminations are effective on the first day of the month following notice of the petition for modification or termination unless the court, for good cause shown, orders the change to become effective at a different date but not earlier than the date of filing the petition for modification or termination. Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated on the death of either party or the remarriage of the party receiving maintenance.
Modifying Child Support in Arizona: Understanding the Process and Types Child support is a legal obligation that ensures children receive financial support from both parents after a divorce or separation. However, circumstances can change over time, leading to a need for modifying child support in Arizona. This article aims to provide a detailed description of the modification process, including relevant keywords for better comprehension. Additionally, we will explore different types of child support modifications available in Arizona. 1. Modifying Child Support in Arizona — Overview: Child support orders can be modified through a legal process in Arizona when there has been a substantial change in circumstances for either parent. It is important to note that voluntarily reducing income or purposely creating a decrease in financial resources will not be considered grounds for modification. Instead, modifications are typically sought due to significant life changes affecting income, employment, health, or custodial arrangements. 2. Types of Modifications: a) Increase in Child Support: One type of modification involves seeking an increase in child support payments. This can happen if the non-custodial parent experiences a significant increase in income or if the needs of the child have expanded, leading to increased expenses. In such cases, modifications can be pursued to ensure that the child receives adequate financial support. b) Decrease in Child Support: Conversely, a parent may seek a decrease in child support payments if they experience a substantial decrease in income or financial hardship due to unforeseen circumstances. This type of modification aims to adjust the child support amount to reflect the current financial situation of the paying parent accurately. c) Modification Due to Changes in Custody Arrangements: Child support orders can also be modified when there are significant changes in custody arrangements. For example, if the non-custodial parent gains additional custody time or if custodial responsibilities shift entirely, a modification may be sought to ensure a fair distribution of financial responsibility. d) Modification Based on Emancipation: Child support may be modified or terminated when the child reaches the age of majority, becomes emancipated, or other circumstances defined by Arizona law. In such cases, a modification can help adjust the child support order accordingly. 3. The Process of Modifying Child Support in Arizona: To modify child support in Arizona, the following general steps are usually involved: a) Filing a Petition: The party seeking modification must file a petition with the court to initiate the process. This document outlines the reasons for modification and provides supporting evidence for the significant changes in circumstances. b) Notification and Response: Once the petition is filed, the other parent will be notified and given an opportunity to respond. They can either agree to the modification or contest it, providing their own counter-arguments supported by evidence. c) Mediation or Court Hearing: If both parents cannot come to an agreement, mediation may be required to help resolve any disputes. If mediation fails, a court hearing will be scheduled where a judge will review the evidence presented by both parties and make a final decision. d) Court Order Issuance: If the court determines that modification is justified, a new child support order will be issued reflecting the updated terms. This order will become legally binding, and both parents must comply accordingly. In conclusion, modifying child support in Arizona is a legal process that allows for adjustments to be made when there are substantial changes in circumstances. This can include modifications for increasing or decreasing child support, changes in custody arrangements, or emancipation of the child. By following the appropriate steps and providing sufficient evidence, parents can seek to modify child support orders to ensure a fair and suitable financial arrangement for their children.
