An Order is an official written statement from the court commanding a certain action, and is signed by the judge. Failure to comply with the order is unlawful and may result in contempt of court charges. This document, a sample Order to Modify Spousal Maintenance, can be used as a model to draft an order requested for submission by the court (the court often directs a party to draft an order). Adapt the language to the facts and circumstances of your case. Available for download now in standard format(s).
Tucson Arizona Order to Modify Spousal Maintenance
Category:
State:
Arizona
City:
Tucson
Control #:
AZ-DR-8-SM
Format:
Word;
Rich Text
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FAQ
What is spousal maintenance? This is a regular payment made by a former husband, wife or civil partner to their ex-partner. It's only paid where one partner can't support themselves financially without it. The amount you receive would depend on: how much you need to live on.
Alimony cannot be changed, the court will not be able to change the amount of spousal maintenance. This process cannot be used to modify ARREARS (back payments). WARNING: If the order you want to change is not from this county, ask a lawyer about the requirements to file your Petition (Request) with this Court.
A court can vary a spousal maintenance order in further proceedings between the parties about spousal maintenance (FL Act section 83).
The judge will then award the lower-earning spouse with between 15 and 25 percent of that difference. On the lower end, a spouse may receive $1,200 (15% of $8,000). On the higher end, a spouse may receive $2,000 (25% percent of $8,000).
Arizona divorce courts have the power to require your spouse to pay alimony to you during or after the divorce (or both) if you establish eligibility. On the other hand, spouses who are capable of living on their own without financial support may not need alimony ? known in Arizona as spousal maintenance.
In Arizona, a spousal maintenance award in a divorce decree can only be modified if the parties' financial circumstances have changed. But, changes the parties already considered when they entered into a divorce settlement cannot justify a modification of that spousal maintenance award.
A spouse may be eligible for spousal maintenance if they (1) were married for a long time and (2) are too old to be expected to work. Under this factor, both the length of the marriage and the age of the spouse seeking spousal maintenance must apply to be eligible for an award of spousal maintenance.
How is Alimony Determined? The court takes into account a number of financial and work-related issues pertaining to both parties in a divorce. Depending on the length of the marriage, the party's income levels, and work history, the court may (or may not) decide to include maintenance as part of the divorce settlement.
Arizona does not have guidelines for spousal maintenance like it does for child support. Rather, the court's rely on enumerated factors to make their decision and every order for spousal maintenance will be tailored to the situation the parties are in, but also considers both past and future factors.
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Please fill out the form below and our attorney will contact you. Superior Court of Arizona in Maricopa County.If you have a lawyer, they'll prepare and file your court forms for you. Our Tucson office offers comprehensive family law firm representation to clients in Pima County and across southern Arizona. If the parties agree to modify the decree, they may file an agreement to strong modify parenting time (visitation) or parenting time and child support. If you're looking to adjust your child support order, the Arizona family law team at My Arizona Lawyers puts you on the right path. During that time things can change and one party may want to modify the order. Divorce Decree - Fill Out and Sign Printable PDF Template . Earnings Assignment Order for Spousal or Partner Support (Family Law) FL-435. A court issues it when your divorce is final.