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: Understanding the Tucson Arizona Petition to Modify a Support Order: A Comprehensive Overview Introduction: The Tucson Arizona Petition to Modify a Support Order is a crucial legal process that allows individuals to seek a revision or alteration to an existing support order within the jurisdiction of Tucson, Arizona. This article aims to provide a detailed description of the petition, outlining its purpose, process, requirements, and potential types or circumstances where modification may be sought. 1. Purpose of Tucson Arizona Petition to Modify a Support Order: The primary objective behind filing a Tucson Arizona Petition to Modify a Support Order is to address changing circumstances that significantly impact the original support order's fairness or effectiveness. The court evaluates the petition based on substantial changes such as income variations, employment alterations, or extraordinary circumstances affecting the involved parties. 2. Types of Tucson Arizona Petition to Modify a Support Order: a. Modification due to Change in Income/Employment: In cases where significant changes occur in either party's income or employment status, such as job loss, promotion, demotion, or a substantial pay increase/decrease, a petition for modification can be filed to ensure fairness in support obligations. b. Modification based on Child's Extraordinary Expenses: If the child's needs significantly change due to unforeseen circumstances like medical conditions, special education requirements, or unexpected costs, a petition can be filed to request an adjustment in the support order. c. Modification due to Custodial Arrangement Change: When there is a significant modification in the child's custody arrangement or visitation schedule, a petition can be filed to reassess the support order terms to align with the new circumstances. d. Modification as per Alimony Guidelines: In case the original support order specifies alimony or spousal support, a petition for modification can be filed when circumstances such as remarriage, cohabitation, or significant income changes occur for either party involved. 3. Process of Filing the Tucson Arizona Petition to Modify a Support Order: a. Gathering Documentation: The petitioner needs to gather relevant information and supporting documents, including proof of substantial changes in circumstances and financial records substantiating the current situation. b. Drafting the Petition: A detailed and well-crafted petition must be drafted, outlining the reasons for seeking modification, the supporting evidence, and the desired changes to the support order. c. Filing the Petition: The completed petition, along with supporting documents, must be filed with the Tucson Arizona family court clerk, adhering to the specified guidelines and paying any required fees. d. Serving Notice: The petitioner is responsible for serving a copy of the filed petition to the respondent (other involved party) in compliance with the legal service requirements. e. Attending the Hearing: Following the respondent's receipt of the petition, a hearing date will be set. The petitioner and respondent must attend the hearing, present evidence, and argue their case before the judge. f. Court Decision: Based on the presented evidence and arguments, the judge will evaluate the petition and issue a decision, either approving or denying the request for modification. Conclusion: The Tucson Arizona Petition to Modify a Support Order serves as a legal recourse for individuals seeking adjustments to an existing support order when significant changes in circumstances occur. Understanding the purpose, process, and types of modifications available is crucial when approaching the petition, ensuring a fair and just outcome for all parties involved.
