Not Supporting Yourself Will Not Extend Alimony in AZ | Hildebrand Law

Tue 6th Dec, 2016 Arizona Alimony Laws

In Arizona, the family court’s denial of a petition to modify spousal maintenance can be appealed. On appeal, the Arizona Court of Appeals typically does not consider new evidence but will reconsider the facts of the case in search of an abuse of discretion on the part of the court.

A Brief History of the Case: Green v. Green

The Greens divorced in 2005 at which time Wife met the criteria under Arizona state law to be awarded spousal maintenance. Accordingly, Husband was ordered to pay wife spousal maintenance of $1,925 per month for nine years. Four months prior to the nine-year mark, Wife petitioned the court to modify spousal maintenance with an increased monthly payment to continue indefinitely.

The modification was requested based on her assertion that substantial and continuing changes in her own financial circumstances, as well as a medical condition, called for it. The wife presented evidence at an evidentiary hearing and the superior court denied her request. She appealed.

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Discussing Issues of Law on Appeal: Green v. Green

On appeal, Wife alleges that the superior court erred in its denial of her Petition to Modify Spousal Maintenance. The Court of Appeals of Arizona will review the trial court’s dismissal for an abuse of discretion. The court may order a modification of a spousal maintenance award if the party can establish a continuing and substantial change in circumstances (per A.R.S. Section 25-327(A).

In order to determine if the circumstances have changed, the court compares the current economic circumstances with those that existed at the time the original decree/award was granted. Factors considered include financial resources of both parties and the ability to generate income on the part of the party receiving the award, among other factors.

Wife’s assertion that her circumstances changed after the 2005 divorce decree was based on an increase in expenses combined with an inability to increase her income and development of a medical condition that made working difficult.

She testified regarding her work history since the divorce (as a para-educator paid $10.85/hour nine months each year). She had not pursued any additional education or training to obtain additional job qualifications.

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Additional testimony was offered regarding the Wife’s development of painful medical conditions and deteriorating health that would limit her ability to perform work tasks. She did testify upon further questioning that she was still able to work and that her physician had not advised her not to work.

The superior court found that Wife failed to prove the existence of a substantial and continuing change in circumstances and, therefore, denied her Petition to Modify Spousal Maintenance. The court noted she made no efforts to increase her income to meet her own living expenses, followed her physician’s recommendations in regards to medical conditions or changed her occupation in order to address her health complaints in relation to employment.

The wife argues that the court erred in focusing on her “failure” to increase her income as Arizona law does not require individuals in receipt of spousal maintenance to increase their earning potential and there was evidence that her expenses had increased to exceed her income.

However, Wife’s argument fails to address the issue that evidence established that her financial circumstances had not changed since the original spousal maintenance award. As the family court’s ruling was based on substantial evidence, there is no abuse of discretion in the denial of the Wife’s petition to modify.

In Conclusion: The Arizona Court of Appeals Decision in Green v. Green

The Arizona Court of Appeals affirmed the family court’s decision as the court found no abuse of discretion in its decision and ample evidence supported its findings.

Frequently Asked Questions About the Impact of the Failure to Increase Income on Modification of Alimony in Arizona

Does failing to increase your income justify extending alimony in Arizona?

No. Under Arizona law, simply failing to increase your income does not automatically justify extending spousal maintenance (alimony). A court generally requires proof of a substantial and continuing change in circumstances before modifying or extending an existing alimony award. If a recipient’s financial situation has not materially changed from when the original order was entered, the court may deny a request for additional support.

What qualifies as a substantial and continuing change in circumstances?

Examples may include:

A significant involuntary loss of income.
A serious medical condition affecting earning capacity.
Major financial changes that were not anticipated when the original order was entered.
Other long-term changes affecting either party’s financial circumstances.

The burden of proving these changes rests with the party requesting the modification.

Does Arizona require someone receiving alimony to increase their earning capacity?

Arizona law does not impose an explicit legal duty requiring every recipient to increase their earning capacity. However, courts may consider whether a spouse has made reasonable efforts to become self-supporting when evaluating a request to modify or extend spousal maintenance. Evidence that a person has made little effort to improve employment opportunities may weigh against extending support.

Can higher living expenses alone justify more alimony?

Generally, no. An increase in expenses by itself is usually insufficient. The court considers whether there has been a substantial and continuing change in the overall financial circumstances of the parties, not simply whether monthly expenses have increased.

How do Arizona courts determine whether alimony should be modified?

Courts compare the parties’ financial circumstances at the time of the original spousal maintenance order with their current circumstances. They evaluate evidence such as:

Income and earning capacity.
Employment history.
Medical conditions affecting the ability to work.
Financial resources and reasonable needs.
Whether the alleged changes are substantial and ongoing.

Each case is decided based on its specific facts.

Can a medical condition justify extending spousal maintenance?

It can, but not automatically. A medical condition must significantly affect a person’s ability to earn income and generally must represent a substantial and continuing change in circumstances. Courts examine medical evidence along with testimony regarding the person’s work limitations and overall financial situation.

What happened in the Green v. Green Arizona alimony case?

In Green v. Green, the Arizona Court of Appeals upheld a trial court’s decision denying a former spouse’s request to increase and extend spousal maintenance. The court found that although the recipient experienced health issues and claimed increased expenses, she failed to prove a substantial and continuing change in circumstances compared to when the original alimony order was entered. The evidence also showed she had not taken meaningful steps to increase her earning potential.

Can a court deny an alimony extension if someone chooses not to improve their employment situation?

Yes. While Arizona law does not require every recipient to obtain higher-paying employment, a court may consider whether a person has made reasonable efforts to become more financially self-sufficient. If the evidence shows little effort to improve employment opportunities and no substantial change in circumstances exists, a court may deny an extension.

What evidence is important when asking to modify alimony in Arizona?

Helpful evidence may include:

Recent financial records.
Employment history and income documentation.
Medical records supporting work limitations.
Documentation of changed financial circumstances.
Evidence showing why the changes are substantial and likely to continue.

The stronger the evidence connecting these changes to the legal standard for modification, the greater the likelihood the court will carefully consider the request.

Is every Arizona alimony award modifiable?

No. Some spousal maintenance awards are expressly designated as non-modifiable by agreement or court order. Whether an award can be modified depends on the language of the divorce decree and applicable Arizona law.

What is the main takeaway from Arizona’s Green v. Green decision?

The decision reinforces that failing to earn more money, without proving a substantial and continuing change in circumstances, does not provide sufficient legal grounds to extend alimony in Arizona. Courts focus on objective changes in financial circumstances rather than a recipient’s inability to improve income alone.

Arizona Modification of Spousal Maintenance Attorneys

If you have questions about failure increase income not basis to extend alimony in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona spousal maintenance and family law attorneys have decades 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 Arizona spousal maintenance or family law case around today.

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