Post Decree Modification/Enforcement Attorneys in Glendale & Tucson, Arizona
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.
What Is Post-Decree Modification in Arizona?
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.
Types of Post-Decree Modifications
The following situations may apply to post-decree modifications in Arizona:
Child Custody or Support
In the case of child custody or child support, it remains true that the party seeking modification must show that there has been a substantial and continuing change in circumstances. For example, if a custodial parent has relocated out of state, this situation may be considered a substantial and continuing change in circumstances that could justify a post-decree modification. Furthermore, suppose that a paying parent has lost their job or had a significant decrease in income. This might be considered a substantial and continuing change in circumstances.
A post-decree modification of spousal support—also known as alimony—is a legal process that allows a party to modify or change a final court order related to spousal support that was entered after a divorce or legal separation. For example, if the recipient of spousal support has become self-supporting or has experienced a significant increase in income, this could be considered a substantial and continuing change in circumstances that may justify a reduction or termination of spousal support.
Contempt and Enforcement
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.
Post-Decree Modification Process in Arizona
The process for obtaining a post-decree modification in Arizona is as follows:
Determine eligibility for a post-decree modification
Eligibility includes demonstrating significant changes in circumstances
The party requesting a modification or enforcement must file a motion with the court
The filing party must serve notice on the other party
If the parties are unable to resolve their differences, a hearing will be scheduled to allow both parties to present their case
If the court grants the requested modification, a modified court order will be issued that reflects the changes to the original court order
Post Decree Modification/EnforcementAttorneys in Glendale & Tucson, Arizona
No one should have to navigate the legal system alone. This is especially true when it comes to issues involving your family and your children. At The Law Offices of Vescio & Seifert, we strive to provide our clients with the information they need in order to make confident decisions. Above all, we strive to uphold your rights so that you and your loved ones can move forward. Reach out to us today to get started.