After your divorce has been finalized and settled, life moves on and circumstances often change. Children grow and develop, former spouses remarry new partners, and finances fluctuate due to job losses and employment opportunities.
Due to these changes, you may need to modify some of the orders that were agreed upon in the divorce process. If your living or financial situation has changed, or you are dissatisfied with orders contained in your divorce decree, meet with an experienced post-decree modification attorney at the 602 Law Group to learn your legal options.
How The 602 Law Group Can Help With Your Phoenix Post-Decree Modification
An experienced Phoenix family law attorney at the 602 Law Group can advise you of Arizona’s post-decree modification laws pertaining to:
- Parenting time
- Legal decision-making authority
- Child support
- Spousal maintenance
- Property and debt orders
Do not let the cost of legal representation keep you from getting the information you need. At the 602 Law Group, we believe in quality, affordable legal services. We can help protect your legal rights and keep you from making uninformed mistakes. Reach out to our Phoenix office to schedule a confidential consultation.
What Orders Can Be Modified?
Generally, most orders made in a divorce may be modified, these include parenting time, legal custody, child support, spousal maintenance, and more. However, it is important to note that there are some orders that are generally non-modifiable, these include property and debt orders
Modification of Parenting Time Orders
To modify a parenting time (physical child custody) order, any proposed changes must be in the child or children’s best interests, and there must be a substantial and continuing change in circumstances relevant to these best interests.
The needs of children evolve with age and maturity. A substantial and continuing change in circumstances could be:
- A mature child’s parental preference
- A change in geographical distance between parental homes (relocation)
- An increase or decrease in a parent’s overnights
Any previous parenting time order needs to be reviewed for a mandatory mediation provision prior to filing a court action. Co-parents who are not required to mediate or choose to forgo mediation should attempt a negotiated agreement before a court hearing.
Unless there is an emergency or a violation of the existing parenting plan, at least one year must pass before a parenting time order may be modified.
Modification of Legal Decision-Making Orders
Modifying legal decision-making orders (legal custody) also requires a substantial and continuing change in circumstances that affects the best interests of the child or children involved. A parent requesting a modification may do so to gain joint legal decision-making authority or to become the sole legal decision-maker for their child(ren).
Reasons for a legal decision-making modification include:
- Substance abuse or domestic violence by a parent or someone living in their home
- The parents agree to joint legal decision-making
- The parent with legal decision-making authority is intentionally interfering with their co-parent’s parenting time or disregarding the parenting plan
Modification of Child Support Orders
A child support order may be modified upon a showing of a substantial and continuing change in circumstances that results in a 15% difference in the child support amount. The change cannot be temporary.
A child support modification may be requested when:
- A child ages out of support
- A parent’s income or childcare costs increase or decrease
- There is a change in the parenting time schedule
Parents may agree on a modification of child support and file their agreement with the court. If you’re struggling with other separation related legal circumstances, a Phoenix divorce lawyer can help.
Modification of Spousal Maintenance Orders
Spousal maintenance orders may be modified for a substantial and continuing change in circumstances unless they are specified as non-modifiable in the final divorce decree.
A spousal maintenance order may be modified if a payor retires from employment, suffers a health catastrophe, or loses employment. There are also instances where a spousal maintenance order may be extended due to a change in circumstances. In the event you’re disputing child custody rights, a Phoenix child custody lawyer can help.
Contact an Experienced Phoenix Post Decree Modification Attorney Today
If you have questions or concerns about provisions in your divorce decree, call the experienced post-decree modification attorneys at the 602 Law Group. We are happy to listen to you and walk you through any modifications you may qualify for.
At the 602 Law Group, we want you to receive quality, efficient legal services you can afford. Contact our Phoenix office today to schedule your consultation!