Life constantly changes in the years after a family law matter is resolved and, as a result, earlier support or custody orders may no longer suit your family’s needs. A significant change in circumstances may make existing child custody, parenting time, child support, and spousal support orders unworkable. Whether you are in Phoenix, the East Valley, or the surrounding communities, Shaffer Family Law can help you understand your options under Arizona law for post-judgment modification, and we can assist you through every step of the process.
What Kinds of Divorce or Child Custody Orders Can an Arizona Court Change?
After a divorce or other family law proceeding is concluded, an Arizona court can modify your divorce decree or other orders based on changed circumstances. Aspects of the order that may need to be modified include:
Child Support. A child’s needs may change as he or she grows. One parent may experience employment changes or illness, leading to decreased income. Parents may realize that their child is spending substantially more time with one parent than the parenting time order indicates, and the amount of support needs to change accordingly. In any of these common scenarios, the state guidelines that determine how much child support is appropriate can be used to recalculate the parents’ child support obligations.
Spousal Maintenance. Spousal maintenance awards attempt to anticipate the future, but unexpected events may render an existing award unfair. A recipient of spousal maintenance may fall ill and be unable to support him- or herself as anticipated. A payor may have less income than expected with which to pay support due to injury, disability, or job loss. Under these circumstances, a court may change the amount or duration of a spousal support or alimony award.
Child Custody. When one parent moves or a child’s needs change, child custody or parenting time modifications are often required. Sometimes parents realize that the parenting schedule they’ve settled into does not match the schedule set forth in their custody order, and they want to change the order to reflect reality. Modification may also be appropriate if one parent is concerned about the child’s safety with the other parent. The court can modify both custody and parenting time as appropriate and considering the child’s best interest.
Do I Need a Lawyer to Change a Divorce, Child Custody or Support Order?
Arizona law governs when you can make changes to a preexisting divorce, child custody, or support judgment or order. If there is no agreement between parties to modify an existing order, an experienced family law attorney can advise you about the legal standards you have to meet to achieve an order from a court modifying the prior order.
For instance, Arizona law dictates that unless there is reason to believe a child’s physical, mental or emotional health is in danger, a parent cannot make a motion to modify an existing Arizona child custody decree for at least one (1) year after it is entered. However, if there is evidence of child abuse or other domestic violence impacting the child, this one-year waiting period would be disregarded by the Court. Alternatively, the one-year waiting period may also be reduced to six months if the parents have joint custody and there is evidence that one of the parents is failing to comply with the original child custody order.
Regardless of when the motion to modify child custody is made, the parent seeking modification must file with the court an affidavit setting forth the facts for why a change in custody is required. And, unless the affidavit shows “adequate cause” for a hearing, the court will simply deny the request for modification.
If a hearing is eventually granted, the court must still focus on what is in the best interests of the child before modifying a custody or parenting plan order. For example, Arizona courts typically consider evidence of domestic violence as contrary to a child’s best interests. Furthermore, if an Arizona court discovers that a parent has abused alcohol or drugs or has been convicted of any drug crime within 12 months of the motion to modify, there is a rebuttable presumption that sole or joint custody by that parent is not in the child’s best interests.
An experienced family law attorney can assist you in evaluating the specific circumstances in your case and provide the Court with the relevant information in a concise and cohesive manner. Modifying Arizona child custody orders is a complex process fraught with procedural obstacles and important statutory details.
When money is involved in the modification you are seeking – such as when you are seeking to increase or decrease spousal maintenance or child support payments—a good question to ask yourself is whether the money you could save through a favorable decision by the court will justify the fees an attorney will charge to assist you. In many cases, an experienced attorney’s knowledge of the law and the Arizona courts will save you significant time and money in the long run.
At Shaffer Family Law, we will consult with you to discuss your particular situation and concerns, and we will advise you regarding your options and how best to achieve your desired results.
Consult an Experienced East Valley Attorney
If you need an experienced East Valley family law attorney who will listen to your unique situation and advocate diligently for your rights and interests, contact Shaffer Family Law online or call (480) 470-3030 today to discuss modifying the terms of your final judgment of divorce or support or custody orders. We serve all of Maricopa County and the surrounding communities, including Pinal, Pima, Yavapai and Coconino County.