AT THE LAW OFFICE OF TARA KILBY OUR FOCUS IS FAMILY LAW

Understanding Divorce & Family Law Modifications in Arizona

Life is unpredictable. Circumstances change. Maybe you lost your job. Perhaps your spouse was just promoted and now has twice the income. Things happen. What if the financial needs of your children have increased in ways you never imagined? If you have had a new child, lost your job, or the other party has obtained a new job with a significantly higher salary, the court may be inclined to modify your support obligation. So if the original court order doesn’t seem fair anymore, you may be wondering whether you can have it modified.

Some orders are modifiable and others are not. For example, a court cannot modify orders as to the division of property and debt, money judgments, attorney fees and costs judgments. However, depending on the facts and circumstances of your case, a court may modify orders related to children’s issues: child custody (legal decision making), child support and parenting time. Spousal Maintenance awards may also be modified unless the parties previously agreed the original order awarding or denying maintenance was not subject to modification.

It is important to understand that the party requesting modification has the burden of proof. The court will not modify the prior order simply because you ask. You must present the court with evidence of a substantial change in your circumstances and persuade the judge that your situation is more than temporary. Each case is decided on its own merits.