Tempe Post-Divorce Modification Lawyers

Divorce is often thought of as the final chapter in a marriage. The papers are signed. The court enters its orders. Life moves forward. However, the reality is that life rarely stays the same for very long. Circumstances change. Jobs change. Children grow older. Financial situations shift, sometimes gradually and sometimes overnight. And when those changes occur, the court orders that once made perfect sense may no longer reflect your present reality. If you find yourself in this situation, the Tempe family lawyers here at Weingart Family Law can help you work to obtain a post-divorce modification that better reflects your current circumstances. Contact us today.

What is a Post-Divorce Modification & What Do I Need to Prove to Get One in Arizona?

A post-divorce modification is a formal request asking the court to change an existing divorce order. These requests most commonly involve legal decision-making authority, parenting time, child support, or alimony, also known as spousal maintenance. Arizona courts will not revisit these issues simply because one party has second thoughts; there must be a legitimate reason.

In most cases, you must demonstrate that there has been a substantial and continuing change in circumstances since the court entered the original order. Those words matter. Substantial. Continuing. Not minor. Not temporary. Not speculative.

It is also important to understand that timing restrictions apply in some situations. In general, a parent cannot file a petition to modify legal decision-making or parenting time within one year of the prior order unless there is a reason to believe the child’s current environment may seriously endanger his or her physical, mental, moral, or emotional health.

Modifying Child Custody in Arizona

Here in Arizona, child custody is legally referred to as legal decision-making and parenting time. When seeking a modification, you must show that a material change in circumstances has occurred and that modifying the order would serve the child’s best interests. Some circumstances that may warrant a modification of a child custody order are as follows:

• A parent relocating in a way that substantially affects the existing parenting schedule
• A significant change in one parent’s employment schedule
• Evidence that the child’s current environment may be harmful
• Ongoing violations of the existing parenting plan
• A child’s substantial change in educational or medical needs
• Concerns involving substance abuse or criminal conduct
• A mature child expressing a well-reasoned preference

Modifying Alimony in Arizona

Spousal maintenance may be modified if the original order allows modification and there has been a substantial and continuing change in circumstances. Not all spousal maintenance awards are modifiable. Some decrees explicitly state that maintenance is non-modifiable, which limits the court’s authority. That said, some circumstances that may justify modifying alimony are as follows:

• A significant increase or decrease in either party’s income
• Involuntary job loss
• A serious illness or disability affecting earning capacity
• Reasonable retirement made in good faith
• The receiving spouse’s remarriage
• Cohabitation, depending on the terms of the decree

The burden of proof falls on the party requesting the modification, and financial records, tax returns, pay stubs, and medical documentation are often required.

Modifying Child Support

Child support is calculated under the Arizona Child Support Guidelines. Because the calculation is formula-based, changes in income, parenting time, or expenses can significantly alter the support amount. Some situations that may warrant a child support modification are as follows:

• A substantial change in either parent’s income
• A change in parenting time that affects the support calculation
• Increased medical, educational, or childcare expenses
• Loss of employment
• Changes in health insurance costs
• A parent becoming legally responsible for additional children

In many cases, if applying the current Guidelines results in at least a 15% change in the support amount, a modification may be appropriate. That being said, informal agreements between parents do not legally modify a support order. Until the court enters a new order, the existing obligation remains enforceable.

Contact Our Phoenix Metropolitan Area Post-Divorce Modification Lawyers

As circumstances evolve and responsibilities shift, sometimes court orders must evolve as well. If you’re seeking a post-divorce modification, please don’t hesitate to contact the skilled Tempe family lawyers here at Weingart Family Law for an initial consultation today so we can discuss your situation.