How do I modify an existing modifiable spousal maintenance Order?

Unless the parties previously agreed that the spousal maintenance award was non-modifiable, a parent may attempt to modify and/or terminate an award of spousal maintenance for a variety of reasons. One of the more common reasons spouses seek to modify spousal maintenance occurs when a spouse experiences a substantial and continuing change of income and/or living expenses.

The court understands that on many occasions one spouse’s circumstance will change over time and it is necessary to ask for a modification of the prior “Decree of Dissolution”. This could be due to the loss of a job or reduction in income of one spouse, or health issues and medical bills which may arise due to illness of a child. It is especially important to modify the Decree of Dissolution if circumstances have changed and they are affecting the “best interest” of any of the children involved. It is important to put together all documentation and witnesses who could support your claim that a Modification is immediately necessary.

A spouse seeking to modify and/or terminate a spousal maintenance order must file a petition for modification and attend a hearing at which time evidence is presented in support of the requested modification and/or termination. Discount Divorce & Bankruptcy is very experianced at handling just such documents and can manage all court processing and filing.

Arizona Alimony (Spousal Support)

Arizona spousal maintenance issues often constitute the most financially significant issue in a divorce case. An award of spousal maintenance will have a significant impact upon the future lifestyle of the spouse ordered to pay that support, as well as the lifestyle of the spouse seeking that support.

Arizona alimony awards are decided after the consideration and evaluation of a multitude of statutory factors and should, at a minimum, include a review and understanding of the following spousal maintenance factors:

Whether the spouse seeking spousal maintenance has sufficient property, including community property apportioned to that spouse, to provide for his or her reasonable needs;

Whether the spouse seeking spousal maintenance is able to become self sufficient through appropriate employment or is the custodial parent of a child whose age or condition is such that he or she should not be required to seek employment;

Whether either spouse has contributed to the educational or career opportunities of the other spouse;

Whether the spouses had a lengthy marriage or a spouse is of an age that precludes the possibility of gaining employment adequate to allow that spouse to be self sufficient;

The standard of living established during the marriage;

The age, employment history, earning ability, and physical and emotional condition of the spouse seeking spousal maintenance;

The ability of the spouse from whom spousal maintenance is sought to meet his or her needs while meeting the financial needs of the other spouse;

The comparative financial resources of the spouses, including their comparative earning abilities in the labor market;

The extent to which the spouse seeking spousal maintenance has reduced his or her income or career opportunities for the benefit of the other spouse;

The ability of both parties after the divorce to contribute to the future educational costs of their mutual children;

The time necessary to acquire sufficient education or training to enable the spouse seeking spousal maintenance to obtain appropriate employment sufficient to support that spouse;

Whether a spouse has made excessive or abnormal expenditures or has concealed, destroyed, or fraudulently disposed of marital property; and

The cost of obtaining health insurance for the spouse seeking spousal maintenance.

Understanding all of these spousal maintenance factors and knowing how each of those spousal maintenance factors impact your case is crucial to securing the best possible outcome in your case.

For more information speak with a representive at discountdivorcepro.com