Phoenix Post-Decree Modifications Attorneys
Life goes on after divorce. Your circumstances and those of your children can evolve in ways that make your original divorce decree seem out of step with your current situation. Whether it’s a significant change in income, a relocation, or an adjustment in parenting schedules, our Phoenix-based family law attorneys at Duenas Eden Cravatta, PLC, understand that these changes may necessitate modifications to your post-divorce orders.
As a women-led family law firm serving Phoenix and the Valley of the Sun, we understand the challenges of dealing with child support, child custody, or other orders that have become impractical, burdensome, or impossible to live with. With more than 60 years of combined experience, our family law attorneys are committed to providing you with smart and honest advice you can trust. We will provide you with personal attention throughout your case. When you work with us, we will stand by your side at every step until your case is finished.
The Meaning Of ‘Post-Decree Modification’
A divorce decree is legally enforceable as written, but it is not set in stone. If one or both former spouses wish, they can go back to court to request a change.
Common Post-Decree Issues For Divorced People In Phoenix
We are prepared to assist you with a variety of post-decree issues, including but not limited to:
- Child Custody and Parenting Time: Changes in work schedules, relocation, or the evolving needs of your children can necessitate adjustments to custody arrangements and parenting time.
- Spousal Maintenance: A significant change in financial circumstances for either party can lead to a review and modification of spousal support.
- Child Support: If there’s been a change in income, cost of living, or the needs of the children, we can help reassess child support obligations.
As years pass, it’s natural for financial situations and caregiving abilities to shift. We focus on developing a strategy that reflects your current and long-term needs and those of your children.
Post-Decree Mediation In Arizona
Often, post-decree mediation can help you and your ex settle your differences out of court. Family law mediation is a form of alternative dispute resolution that helps many people save time and money and have greater control over the outcome of their conflict. We are experienced mediators who can explain the process in detail and prepare you to work toward a reasonable settlement.
Questions About Post-Decree Modifications In Arizona
Not knowing what to do next can be unsettling, especially in complex situations like family law. However, this should not discourage you from safeguarding your legal rights. To help, we have answered common questions about post-divorce modifications in Arizona.
Can a property division settlement be modified after the divorce is finalized?
Property divisions in divorce decrees are generally permanent and extremely difficult to modify after they have been entered by the court. Arizona law treats these agreements as final, meaning they are rarely subject to modification. However, there is one exception: if it can be proven that one spouse concealed or failed to disclose significant assets during the divorce process, the court may consider reopening the case.
This permanence underscores the importance of confirming all assets are properly disclosed and divided during the initial divorce process. Even if both parties later agree to changes, the court is unlikely to modify a property settlement without proof of fraud or concealment.
What are the requirements for relocating with children after divorce in Arizona?
If you have custody of your kids and wish to relocate with them, especially to a different state or more than 100 miles away within Arizona, you will likely need the court’s permission. Arizona law requires custodial parents to notify the other parent of their intent to move, and if the other parent objects, the court will need to resolve the matter.
The court’s decision hinges on whether the move serves the best interests of the children. Even if the other parent agrees to the relocation, working with an attorney to formalize the arrangement through the court is still advisable to help avoid future disputes.
Does a change in employment status affect spousal support obligations?
Yes! A significant change in employment status, such as job loss or a substantial decrease in income, can be grounds for modifying spousal support obligations. However, the change must be significant and involuntary.
In these circumstances, the court will examine various factors, including the reason for the job loss, efforts to secure new employment and the overall financial situation of both parties. Therefore, It is worth noting that support obligations continue at their current level until the court officially modifies them, even if you have lost your job.
When can child support be modified in Arizona?
Child support modifications may be considered when there has been a substantial and continuing change in circumstances. This could include:
- Significant changes in either parent’s income
- Changes in parenting time arrangements
- Changes in the children’s needs, such as medical expenses or educational requirements
- A significant change in the cost of health insurance or childcare
The court will review current financial information from both parents to determine if a modification is warranted and calculate any adjustments to the support amount. Therefore, documenting instances of noncompliance becomes important if you need to return to court.
How often can one request modifications to their divorce decree?
While there is no strict limit on how often you can request modifications, the court requires that any request be based on substantial and continuing changes in circumstances. Frequent or frivolous modification requests may be viewed unfavorably by the court. As such, it would be in your best interest to consult a lawyer to help ensure that any request for modification is well-documented and based on genuine changes in circumstances that justify court intervention.
Ready to Modify Your Decree?
If you need to alter your post-divorce arrangements or prevent an unfair change from happening, contact Duenas Eden Cravatta, PLC at 480-637-0668 to schedule a free initial consultation with one of our Phoenix post-decree relief attorneys.