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

Posted on : December 6, 2016, By:  Chris Hildebrand
Failure to Increase Income Does Not Provide a Basis to Extend Alimony in Arizona

Failure to Increase Income Does Not Provide a Basis to Extend Alimony in Arizona

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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.

Failure to Increase Income Does Not Provide a Basis to Extend Alimony in Arizona.

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.

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 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 Arizona spousal maintenance or family law case around today.

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Chris Hildebrand wrote the information on this page about spousal maintenance and failure to increase income in Arizona to ensure everyone has access to information about family law in Arizona. Chris is a divorce and family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and, quite frankly, actually caring about what his clients are going through in a divorce or family law case. In short, his practice is defined by the success of his clients. He also manages all of the other attorneys at his firm to make sure the outcomes in their clients’ cases are successful as well.

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