Tucson Arizona Petition to Modify a Support Order

State:
Arizona
City:
Tucson
Control #:
AZ-01952BG
Format:
Word; 
Rich Text
Instant download

Description

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.

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FAQ

Three Years: A child support modification can be requested once every three years regardless of the above circumstances. If you have your child support agreement put into place less than three years ago then you are going to need to qualify for a modification along one of the paths listed above.

There does not seem to be a hard and fast rule on how often one can request a modification for Arizona child support, but courts typically like to see a change in circumstances that will last for six months or longer. For unemployment, it is typically expected to last 90 days or more.

How to Win a Child Support Modification Case 1 Take advantage of the rights you already have. 2 Reach out to your ex-partner if you think they'll be amicable. 3 Solicit free legal help if you can't hire an attorney. 4 Do it on your own only if you can't get help. 5 Determine what has changed to justify a modification.

Maximum child support in Arizona law, is 50 percent of the parent's disposable income. This amount also applies to a person who has gotten married again and who is currently supporting another family.

State and federal laws require states to review their child support guidelines every four years.

For Maricopa County Effective Family Court FeesSimplified Child Support Modification$89.00Simplified Child Support Modification Hearing$0Expedited Motion for Support Enforcement$89.00Expedited Motion for Parenting Time Enforcement$89.0075 more rows

How long does the modification process take? DCSS should complete the review and modification within six (6) months, however, this may vary according to the court schedule.

Three Years: A child support modification can be requested once every three years regardless of the above circumstances. If you have your child support agreement put into place less than three years ago then you are going to need to qualify for a modification along one of the paths listed above.

How long will a support of a child obligation last? In Arizona, support payments are made until the child is 18. If the child does not complete school by age 18, child support continues until he/she graduates from high school or turns 19, which ever comes first.

Return them to: Modification Packet, Division of Child Support Services , P.O. Box 40458, Phoenix, AZ 85067; or you may go to a local DCSS office to pick up a modification packet; or you may contact DCSS at 602-252-4045 or 1-800-882-4151.

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Tucson Arizona Petition to Modify a Support Order