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Modifying an Arizona Alimony Order
If you already have a divorce decree in hand, but you feel that the alimony is not adequate for the current situation, you can ask to modify alimony in Scottsdale Arizona.
All alimony awards are based upon the Arizona alimony law found in A.R.S. 25-319.
To obtain a modification to the current spousal support/alimony there needs to be a substantial change in need or a substantial change in the ability of the ex-spouse ordered to pay support to manage the payments financially.
Both of these situations can be appropriate reasons, or grounds, to obtain a post-judgment modification of your spousal support/alimony.
Contact your Arizona family law attorney to talk about divorce laws that apply to your situation and to discuss your options with your lawyer.
An experienced Arizona divorce attorney can help you determine if you are eligible to obtain a modification of your spousal support/alimony payments or the amount you receive from your ex-spouse.
It’s possible you could lower the amount you pay, the amount you receive or have the support payments terminated entirely.
Common Reasons for Alimony or Spousal Support Modifications
Both Ex-Spouses Agree to the Modification
If you and your former spouse agree to alter the terms of your alimony/spousal support, make sure to submit the mutually desired modification request through the court so that the newly arranged terms can be enforced at a later date if it becomes necessary.
Having the changes signed by a judge is the best way to protect yourself in the future.
Cost of Living Adjustment Clause (“COLA” Clause)
You may request that the original divorce decree spousal support/alimony payment increase at a rate that is equal to the increased annual cost of living due to the COLA clause.
It is a good idea to include a COLA clause in your original divorce decree so that you can avoid potentially contentious modification requests in the future.
The inclusion of an escalator clause in your original divorce decree can be useful if the payor’s earnings are expected to increase in future.
This clause entitles the recipient of court-mandated spousal support/alimony payments to receive increased payments automatically as the payor’s earnings rise.
This makes the recipient of support payments automatically eligible for a portion of future raises in pay.
Temporary Modification of Alimony, Spousal Support, or Spousal Maintenance
Certain situations can cause temporary hardship (i.e., illness, job loss, etc.) and can warrant an increase or decrease in support payments.
If the payor experiences the hardship, the court may find it appropriate to reduce the payment amount temporarily.
If the recipient of the maintenance experiences hardship, the court may find it necessary to increase the amount temporarily.
The increase/decrease is set for a predetermined amount of time to alleviate the hardship exhibited and at the end of that designated period, the payment amount reverts to the original amount.
Change of Circumstances
If the spouse receiving alimony experiences a drastic increase in pay, the payor can request that the court approve a modification decreasing the amount of support based on the change in the recipient’s financial circumstances.
On the other hand, the spouse receiving support payments may request a modification increasing the amount if their ex-spouse receives a notable increase in income.
Other changes in circumstance that could warrant a modification in alimony/spousal support include: change in the law, cohabitation, cost of living increase, decreased the need for support, disability, financial emergency, or new support obligation.
Arizona Alimony Attorneys
If you have questions about how to modify alimony in Scottsdale Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona spousal maintenance and family law attorneys have over 100 years of combined experience successfully representing clients in spousal maintenance and family law cases.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your spousal maintenance or family law case around today.
Other Articles About Spousal Maintenance in Arizona
- RULES FOR INDEFINITE OR LIFETIME SPOUSAL MAINTENANCE IN ARIZONA
- ARIZONA ALIMONY AND SPOUSAL MAINTENANCE LAWS
- ATTRIBUTING INCOME FOR SPOUSAL SUPPORT IN ARIZONA
- WHO QUALIFIES FOR SPOUSAL MAINTENANCE IN ARIZONA
- TERMINATION OF ALIMONY UPON REMARRIAGE IN ARIZONA
- EFFECT OF MERGER ON MODIFICATION OF ALIMONY IN ARIZONA
- EFFECT OF CDRP PAY ON ALIMONY IN ARIZONA
- MILITARY DISABILITY AND ARIZONA ALIMONY
- VA DISABILITY BENEFITS AND ALIMONY IN ARIZONA
- STATUTE OF LIMITATIONS ON ALIMONY IN ARIZONA
- AMBIGUOUS ALIMONY TERMS IN AN ARIZONA DIVORCE DECREE
- CIRCUMSTANCES TO MODIFY ALIMONY IN ARIZONA
- WHAT DOCTORS SHOULD KNOW ABOUT ALIMONY IN ARIZONA
- EFFECT OF EXCESSIVE SPENDING ON A CLAIM FOR ALIMONY IN ARIZONA
- WAIVING SPOUSAL MAINTENANCE IN A PRENUPTIAL AGREEMENT IN ARIZONA
- ALIMONY AND OVERTIME IN ARIZONA
- CREDIT FOR DIRECT PAYMENTS OF SPOUSAL MAINTENANCE IN ARIZONA
- WAIVER OF SPOUSAL MAINTENANCE IN ARIZONA
- THE DATE COURTS USE FOR A CHANGE IN CIRCUMSTANCES TO MODIFY ALIMONY IN ARIZONA
- WHEN DOES SPOUSAL MAINTENANCE TERMINATE ON REMARRIAGE IN ARIZONA
- DEFENSES TO NON-MODIFIABLE SPOUSAL MAINTENANCE IN ARIZONA
- CATEGORIES OF ALIMONY IN ARIZONA
- NOT SUPPORTING YOURSELF WILL NOT EXTEND ALIMONY IN ARIZONA
- EFFECT OF SHARING LIVING EXPENSES ON ALIMONY IN ARIZONA
- ALIMONY IN ARIZONA FREQUENTLY ASKED QUESTIONS
- ARE THE COSTS OF HEALTH INSURANCE CONSIDERED FOR ALIMONY IN ARIZONA
- ARIZONA SPOUSAL MAINTENANCE GUIDELINES
- CAN YOU MODIFY OR TERMINATE ALIMONY EARLY IN ARIZONA
- CONTINUING SPOUSAL MAINTENANCE AFTER DEATH OF A FORMER SPOUSE IN ARIZONA
- DENIAL OF SPOUSAL SUPPORT AS A SANCTION IN AN ARIZONA DIVORCE
- EMPLOYMENT HISTORY AND ALIMONY IN ARIZONA
- HOW DO THE ARIZONA SPOUSAL MAINTENANCE GUIDELINES WORK
- HOW LONG DO YOU HAVE TO BE MARRIED TO GET ALIMONY IN ARIZONA
- IS ALIMONY IN ARIZONA TAXABLE INCOME
- LIVING TOGETHER AND SPOUSAL MAINTENANCE IN ARIZONA
- MODIFYING NON-MODIFIABLE ALIMONY IN ARIZONA
- NON-MODIFIABLE SPOUSAL SUPPORT IN ARIZONA
- PROBLEMS WITH ARIZONA ALIMONY CALCULATORS
- STANDARD OF LIVING AND ALIMONY IN ARIZONA
- STOP SPOUSAL MAINTENANCE PAYMENTS IN ARIZONA
- TERMINATE ALIMONY UPON REMARRIAGE IN ARIZONA
- VETERANS DISABILITY AND ALIMONY IN ARIZONA
- WHAT EFFECT DO CHILDREN’S COLLEGE COSTS HAVE ON ALIMONY ARIZONA
- DOCTORS FACING SPOUSAL MAINTENANCE ISSUES IN ARIZONA