An Order is an official written statement from the court commanding a certain action, and is signed by the judge. Failure to comply with the order is unlawful and may result in contempt of court charges. This document, a sample Order to Modify Spousal Maintenance, can be used as a model to draft an order requested for submission by the court (the court often directs a party to draft an order). Adapt the language to the facts and circumstances of your case. Available for download now in standard format(s).
Phoenix Arizona Order to Modify Spousal Maintenance
Category:
State:
Arizona
City:
Phoenix
Control #:
AZ-DR-8-SM
Format:
Word;
Rich Text
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How to fill out Arizona Order To Modify Spousal Maintenance?
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FAQ
A court can vary a spousal maintenance order in further proceedings between the parties about spousal maintenance (FL Act section 83).
Alimony cannot be changed, the court will not be able to change the amount of spousal maintenance. This process cannot be used to modify ARREARS (back payments). WARNING: If the order you want to change is not from this county, ask a lawyer about the requirements to file your Petition (Request) with this Court.
The judge will then award the lower-earning spouse with between 15 and 25 percent of that difference. On the lower end, a spouse may receive $1,200 (15% of $8,000). On the higher end, a spouse may receive $2,000 (25% percent of $8,000).
In Arizona, a spousal maintenance award in a divorce decree can only be modified if the parties' financial circumstances have changed. But, changes the parties already considered when they entered into a divorce settlement cannot justify a modification of that spousal maintenance award.
Alimony cannot be changed, the court will not be able to change the amount of spousal maintenance. This process cannot be used to modify ARREARS (back payments). WARNING: If the order you want to change is not from this county, ask a lawyer about the requirements to file your Petition (Request) with this Court.
If you and your spouse cannot agree a reduction in maintenance then you will need to make an application to the Court to vary the spousal maintenance. You will be required to show the Court what the financial position was at the time the original spousal maintenance order was made and the current financial position.
Arizona does not have guidelines for spousal maintenance like it does for child support. Rather, the court's rely on enumerated factors to make their decision and every order for spousal maintenance will be tailored to the situation the parties are in, but also considers both past and future factors.
