It is important to contact an attorney before you request a support modification. If financial circumstances have changed, you could end up paying more than your current amount.
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Support Modification
Modifying Child Support, Spousal Maintenance
To modify a child support or spousal maintenance order, you must show a substantial ongoing change that affects personal income and finances.
After a divorce settlement is finalized, you may find yourself in a post-decree dispute involving a modification or enforcement of a child support or spousal maintenance order. Whether you are seeking a change in a support order, need court assistance for enforcement or want to contest a modification, you need trusted, experienced counsel and advocacy.
Child Support Modification
Arizona's child support guidelines
largely determine the amount owed to a custodial parent. The guidelines will take into consideration the income of both parties, specific costs of the children (i.e., health insurance, day care, etc.) and the needs of the children. To modify an existing child support order, you must show a substantial and ongoing change in circumstances, such as an increase or decrease in income, job loss, injury or other change affecting personal income and finances.
Enforcement.
In addition to modifications, enforcement of child support and contempt orders are available if one party fails to agree with prior stipulations made by the court.
Spousal Maintenance Modification
After a divorce, you may be liable to pay maintenance, also known as "alimony" or "spousal support." You could also be entitled to collect support if you are a dependent or disabled spouse. The determination of support is based on a variety of factors, including the income of both parties, the standard of living during the marriage, the need for training or schooling to allow one of the parties to return to the workforce, the potential for earnings and the duration of the marriage.
The court may agree to maintenance modifications in the event of a significant change in circumstances including remarriage, job loss and significant injury.
Spousal maintenance is probably one of the hardest areas to give advice in family law. Unlike child support, which can be mathematically calculated down to the penny, spousal maintenance is based on a number of factors and considerations, some certain and some subjective
Under the recently enacted changes to the Federal tax laws, spousal maintenance (formerly “alimony”) ordered by a dissolution (divorce) decree or agreement executed after Dec. 31, 2018, will no longer be deductible by the payer and will be tax free to the recipient
Even though Court orders often have the end date when spousal maintenance (alimony) ends and child support orders contain the presumptive emancipation date when child support should end because the child turns eighteen, orders of assignment that essentially garnish these payments from your paycheck do not typically contain an end date.
