In Arizona the terms of the divorce will specify the conditions that alimony will stop. The obvious reasons for terminating alimony are the death or remarriage of the person receiving the payments. Since many spousal maintenance awards are for a fixed number of years, the lapse of that period of time will cause the termination of the payments.
Matters that will require an evidentiary hearing shall be brought before the court using a "petition for order to appear" (often currently referred to as a "petition for order to show cause").
Section 25-327 of the Arizona Revised Statutes provides in part: Provisions of any decree respecting maintenance or support may be modified or terminated only on a showing of changed circumstances that are substantial and continuing except as to any amount that may have accrued as an arrearage before the date of notice of the motion or order to show cause to modify or terminate. The addition of health insurance coverage as defined in section 25-531 or a change in the availability of health insurance coverage may constitute a continuing and substantial change in circumstance. The provisions as to property disposition may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state. Modifications and terminations are effective on the first day of the month following notice of the petition for modification or termination unless the court, for good cause shown, orders the change to become effective at a different date but not earlier than the date of filing the petition for modification or termination. Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated on the death of either party or the remarriage of the party receiving maintenance.
Title: Tempe Arizona Petition to Modify a Support Order: Understanding the Process and Types Introduction: In Tempe, Arizona, individuals may need to initiate a petition to modify a support order when circumstances have changed since the original order was established. This comprehensive guide explores the details of such petitions, including the types that may exist according to specific circumstances. 1. What is a Petition to Modify a Support Order? A petition to modify a support order in Tempe, Arizona is a formal legal document filed with the court to request a change in an existing child support, spousal support, or medical support order. This process acknowledges the evolving circumstances of one or both parties involved, necessitating a revision of the original support order. 2. Types of Tempe Arizona Petitions to Modify a Support Order: a. Child Support Modification: This type of petition is filed when one or both parents experience a significant change in income, employment status, or healthcare-related situations impacting the child's financial needs. b. Spousal Support Modification: If the circumstances of the need for spousal support (alimony) change — such as a change in income, retirement, unemployment, or remarriage — one can file this petition. c. Medical Support Modification: Here, the petition aims to modify the medical support order to reflect changes in the availability or cost of healthcare insurance or significant changes in the child's healthcare needs. 3. Initiating the Petition Process: To initiate the petition, the following steps need to be followed: a. Gather Relevant Documents: Collect supporting documents outlining the reasons for the proposed modification, such as financial statements, pay stubs, healthcare bills, or court orders. b. Complete the Petition form: Obtain the necessary court forms specific to the type of modification sought, ensuring all essential information is included accurately. c. File the Petition: Submit the completed petition to the appropriate court in Tempe, Arizona, following the specific filing guidelines and paying any required fees. d. Serve the Other Party: Provide a copy of the filed petition to the other party involved, usually through formal service or certified mail. e. Attend a Hearing: Upon receiving the petition, the court will schedule a hearing to evaluate the requested modifications. Both parties should appear and present their arguments, providing supporting evidence if necessary. f. Await the Court's Decision: After reviewing the case, the court will issue a decision, either approving or denying the petition for modification. Conclusion: When circumstances change, filing a Petition to Modify a Support Order in Tempe, Arizona is essential to ensure that support obligations accurately reflect the current situation. Understanding the different types of modifications available, along with the necessary steps in the petition process, enables individuals to seek legal resolution effectively. Consulting with an attorney specializing in family law can provide valuable guidance in navigating this complex process specific to Tempe, Arizona.Title: Tempe Arizona Petition to Modify a Support Order: Understanding the Process and Types Introduction: In Tempe, Arizona, individuals may need to initiate a petition to modify a support order when circumstances have changed since the original order was established. This comprehensive guide explores the details of such petitions, including the types that may exist according to specific circumstances. 1. What is a Petition to Modify a Support Order? A petition to modify a support order in Tempe, Arizona is a formal legal document filed with the court to request a change in an existing child support, spousal support, or medical support order. This process acknowledges the evolving circumstances of one or both parties involved, necessitating a revision of the original support order. 2. Types of Tempe Arizona Petitions to Modify a Support Order: a. Child Support Modification: This type of petition is filed when one or both parents experience a significant change in income, employment status, or healthcare-related situations impacting the child's financial needs. b. Spousal Support Modification: If the circumstances of the need for spousal support (alimony) change — such as a change in income, retirement, unemployment, or remarriage — one can file this petition. c. Medical Support Modification: Here, the petition aims to modify the medical support order to reflect changes in the availability or cost of healthcare insurance or significant changes in the child's healthcare needs. 3. Initiating the Petition Process: To initiate the petition, the following steps need to be followed: a. Gather Relevant Documents: Collect supporting documents outlining the reasons for the proposed modification, such as financial statements, pay stubs, healthcare bills, or court orders. b. Complete the Petition form: Obtain the necessary court forms specific to the type of modification sought, ensuring all essential information is included accurately. c. File the Petition: Submit the completed petition to the appropriate court in Tempe, Arizona, following the specific filing guidelines and paying any required fees. d. Serve the Other Party: Provide a copy of the filed petition to the other party involved, usually through formal service or certified mail. e. Attend a Hearing: Upon receiving the petition, the court will schedule a hearing to evaluate the requested modifications. Both parties should appear and present their arguments, providing supporting evidence if necessary. f. Await the Court's Decision: After reviewing the case, the court will issue a decision, either approving or denying the petition for modification. Conclusion: When circumstances change, filing a Petition to Modify a Support Order in Tempe, Arizona is essential to ensure that support obligations accurately reflect the current situation. Understanding the different types of modifications available, along with the necessary steps in the petition process, enables individuals to seek legal resolution effectively. Consulting with an attorney specializing in family law can provide valuable guidance in navigating this complex process specific to Tempe, Arizona.
