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.
Title: Should I Modify Child Support? Exploring Your Options and Considerations Keywords: Modify child support, child support modification, changing child support order, reasons to modify child support, types of child support modifications, legal process for modifying child support Introduction: Child support is a crucial financial aspect for divorced or separated parents, ensuring the well-being of their children. However, circumstances can change over time, necessitating a review of the existing child support arrangement. This article explores various aspects related to modifying child support orders, including reasons to consider modifications and the different types of modifications available. 1. Reasons to Consider Modifying Child Support: When contemplating a modification of child support, it's essential to consider significant life changes impacting either parent or the children. Here are some common reasons: a) Income Changes: If there has been a substantial increase or decrease in either parent's income, it may warrant a child support modification. b) Parenting Time Adjustments: Changes in parenting time or custody arrangements can affect the financial responsibility of each parent, potentially requiring a modification of child support. c) Medical or Educational Needs: If a child's medical or educational needs change significantly, it may warrant modifying child support to adequately address these expenses. d) Change in Spousal Support: If there has been a modification in spousal support, it could impact the overall financial circumstances and necessitate a child support adjustment. 2. Types of Child Support Modifications: Child support modifications can be categorized into two main types: a) Temporary Modifications: These types of modifications are meant to address short-term changes in circumstances. For example, if a parent experiences a temporary reduction in income due to unemployment, a temporary modification may be requested until employment is restored. b) Permanent Modifications: Permanent modifications are typically sought for long-term changes in circumstances that are expected to continue indefinitely. This could include a substantial increase or decrease in a parent's income or significant changes to the child's needs. 3. The Legal Process of Modifying Child Support: Modifying child support involves a specific legal process to ensure fairness and transparency: a) Filing a Petition: The process starts with filing a petition in the family court that issued the original child support order, outlining the reasons and details to support the modification request. b) Gathering Documentation: Relevant documents such as income statements, medical bills, or school records should be collected to support the modification request. c) Negotiation or Mediation: In some cases, the parties may engage in negotiation or mediation to reach an amicable agreement on the modifications. This can help avoid the need for a court hearing. d) Court Hearing: If an agreement cannot be reached, a court hearing will take place where both parties present their arguments and evidence. The judge will evaluate the case and decide whether to approve the requested modification. Conclusion: Modifying child support is a critical legal process that helps ensure fairness and adequacy in supporting the best interests of the child. By understanding the reasons to modify child support, the available types of modifications, and the legal process involved, parents can make informed decisions and take appropriate steps towards ensuring the continued financial well-being of their children.
