No matter your family’s specific situation, issues involving divorce are never simple. It can be far too easy to become frustrated or even completely overwhelmed in the face of child support and alimony agreements. These kinds of agreements are serious business, which is why family courts in Arizona carefully consider specific cases before deciding on allowing modifications.
Although family courts certainly strive to enforce existing agreements, there may be situations in which a post-decree modification or enforcement is absolutely necessary. That’s where we come in. At Law Offices of Vescio & Siefert, P.C., our attorneys work hard to help our clients in Glendale, Tuscon, and anywhere else in Arizona get the legal help they need with modifications or enforcements of spousal support, child support, custody, or divorce decrees.
As family law attorneys, we proudly serve individuals and families throughout the Phoenix Metro Area and the rest of Arizona. Set up a one-on-one consultation with us today.
According to estimates, child support evaders owe nearly $2 billion in Arizona. This figure underscores the need for strict enforcement of child support or modifications to child custody agreements to protect children’s rights. Often, failure to comply with spousal or child support may be remedied with modifications and enforcements of existing agreements. Understanding modification and enforcement of agreements is essential.
A post-decree modification in Arizona is a legal proceeding that allows a party to modify or change a final court order entered after a divorce or legal separation. This includes modifying orders related to child custody, parenting time, child support, and spousal maintenance.
In order to obtain a post-decree modification, the party seeking the modification must show that there has been a substantial and continuing change in circumstances since the original court order was entered.
In cases of contempt, the party seeking enforcement must show that the other party has willfully violated the court order. The party seeking enforcement may also request that the court modify the original court order to prevent future violations. If the court finds that the other party is in contempt of a family law order, the court may order that the party comply with the original order, and may also impose sanctions or penalties, such as fines or even imprisonment. The court might also order that the party pay the other party’s attorney’s fees and court costs associated with the enforcement proceeding.
Please bear in mind that, generally speaking, family courts will only allow modifications as long as modifications are in the child’s best interest.