Sometimes, Court orders need to be modified to accommodate changes in a child's schedule or the parent's income. Modification of parenting time, legal decision-making, child support and spousal maintenance can be obtained given you meet certain initial requirements.
If the current order does not need to be modified but one party is just simply not following it, you may consider filing an enforcement action with the Court.
Schedule a consultation
Let us know how we can help you. Give us a call at (480) 696-2332 and schedule a consultation or click the button to submit a contact form.
A Bit of Information:
This page is meant to educate you regarding some of the aspects of Modification and Enforcement in Arizona. Please understand, this page is intended to be educational only and each case has specific issues that may effect the information below. We recommend you consider discussing your matter with an experienced attorney.
Modification of Parenting Time/Legal Decision-Making
Generally, a parent cannot file a motion to modify legal decision-making or parenting time for one year after the order they want to modify was signed. (See A.R.S. §25-411). The parent who wants to modify the order must also show a substantial change of circumstances effecting the child's welfare. There are exceptions where the child’s present environment may seriously endanger the child’s physical, mental, moral or emotional health. (See A.R.S. §25-411). There are other instances permitting a modification of legal decision-making and/or parenting time. We recommend you consider discussing your options with an experienced family law attorney prior to filing.
Modification of Child Support:
Child support is modifiable if one parent can show a substantial and continuing change in circumstances and/or a 15% difference in what the order is and what the parent wishing to modify believes it should be. To modify child support, there is a simplified process and a standard process. A parent wishing to modify can use the simplified process if they meet the 15% and other requirements. To use the standard process, a parent must show a substantial and continuing change in circumstances. Maricopa County Superior Court’s self-help center has additional information on the two processes and the forms required.
Modification of Spousal Maintenance:
Depending on your specific situation, an award of spousal maintenance may be modifiable. Grounds for modification may include a change in circumstances regarding one of the parties' income or a change in the needs of the ex-spouse receiving maintenance, and/or whether they can meet those needs on their own. We recommend you consider meeting with an experienced family law attorney to discuss your specific situation.
Enforcement of Court Orders:
Depending on the order you wish to enforce, the Court has multiple options to compel a party to follow the orders. These can include financial penalties or even arrest.