Start Date for Temporary Support in Arizona | Hildebrand Law, PC
Arizona laws are used to determine spousal maintenance, child support, and family support awards and amounts. In some cases, the court finds a temporary family support award appropriate. An issue that may arise is when to set the start date for temporary support in Arizona.
Laws and specifications regarding the handling of awards vary when comparing awards as set down in a final Decree to a temporary family support award. The differences between how the two types of financial awards are handled can lead to difficulties in interpreting the law as pertaining to the situation at hand. Such seemed to be the case with Maximov v. Maximov.
Ronit Rosenberg and Eitan Maximov were married on August 7, 1998. Eitan petitioned for a dissolution of marriage on October 26, 2005. At that point in time, the couple had one child and Ronit was pregnant with a second child. The decree of dissolution was entered by the family court on July 30, 2007.
Included in the final Decree were changes to the temporary family support awarded prior to the court proceedings that were made effective prior to the date on which Eitan filed a petition requesting a modification. Ronit attempted to address concerns through post-trial motions that were denied. This appeal followed.
Determining Temporary Family Support
Ronit Rosenberg Maximov is seeking an appeal to the family court’s decision to reduce and reallocate temporary family support paid by Eitan Maximov from April 2006 through September 2006. The appellate court reviewed the ruling to determine whether there was an abuse of discretion in the decision to modify the amount of support.
The details pertaining to the temporary order of support are as follows: Maximov was ordered to pay his wife $7,500 per month beginning April 1, 2006, for spousal maintenance and child support.
He paid this amount from April through September 2006 totaling $45,000. On September 11, 2006, Eitan filed for a modification of temporary support. Ruling on the motion was deferred by the court until trial. The trial took place on May 1, 2007, and no payments for temporary family support were made from Eitan to Ronit from October 2006 through May 2007.
The judgment decree was entered by the court on July 30, 2007. At this time, the court reduced Eitan’s support obligation from $7,500 per month to $1,826.34 per month. This change was based on the court’s findings that Eitan could not afford compliance with the $7,500 per month award.
The court also allocated the amount Eitan did pay (totaling $45,000) over the time period beginning December 1, 2005, and ending July 31, 2007. In effect, Eitan paid $2,250 per month in temporary support. In light of Eitan’s inability to pay the full amount, Rosenberg’s pending motion to find him in contempt for failure to pay support was denied.
Rosenberg argued that the court violated Arizona Revised Statutes section 25-327 (2007) by decreasing the family support obligation between April and September 2006 because the court allegedly did not have the authority to do so and because the trial court did not determine good cause for the reduction.
She felt the court should have left the $7,500 obligation in place through September 30, 2006, and started the reduced family support obligation on October 1, 2006. Ronit asserts that the court erred in its decision by failing to find the Eitan owed $18,263.40 for temporary family support for the time period when he did not make payments: October 1, 2006, through July 31, 2007.
Evidence of a Substantial and Continuing Change in Circumstance is Required to Modify Support
The difficulty with Ronit’s arguments comes in the statutes she references for her arguments. Section 25-237 (A), A.R.S. does require evidence of substantial and continuing change of a modification or termination of support already in place and not as an exception any amount in arrearage or prior to the date of the notice of the motion or order requesting modification or termination.
The statute continues to specify that the effective date of such a change cannot be prior to the date of filing the petition. These statutes, while seemingly applicable at first, do not apply to pre-decree temporary orders for family support. Therefore, the court did not violate the provision when they reduced the family support and reallocated it to cover the ensuing months.
addition, during court proceedings, it was found that Eitan could not afford the amount originally specified in the temporary support orders. His only source of funds at the time of the order was from borrowed monies. Shortly thereafter he obtained funds through the sale of a 1.4-acre lot (in August 2006). Eitan did not receive any income or other money after August 2006.
For the reasons stated above, the appellate court feels the court’s ruling is justified and rejects Ronit Rosenberg Maximov’s arguments. Furthermore, it was decided that the family court did, in fact, have the authority to set the effective date of the modification to the temporary family support to a date prior to the filing of the motion for modification by Eitan Maximov.
There was no error in the action. The appellate court affirms the family court had the authority to modify the temporary family support award, as well as the effective date of the modification to a date prior to the filing of the petition for modification.
If things are not going well in your Arizona family law case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona family law attorneys have over 100 years of combined experience successfully securing family support for our clients.
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 family support case around today.
Other Articles About Child Support in Arizona
- ARIZONA CHILD SUPPORT LAWS
- ARIZONA UNIFORM INTERSTATE FAMILY SUPPORT ACT (UIFSA) STATUTES
- ATTRIBUTING INCOME FOR CHILD SUPPORT IN ARIZONA
- DIVIDING UNCOVERED MEDICAL EXPENSES IN AN ARIZONA CHILD SUPPORT CASE
- THE RELATIONSHIP BETWEEN CHILD SUPPORT AND DEBTS IN ARIZONA
- THE DEFINITIVE GUIDE TO CHILD SUPPORT IN ARIZONA
- DUE PROCESS REQUIRES NOTICE OF A CHILD SUPPORT MODIFICATION
- CHILD SUPPORT DEVIATION IN ARIZONA
- IS AN INCREASE IN INCOME CAUSE TO MODIFY CHILD SUPPORT IN ARIZONA
- CHILD SUPPORT AND ASSETS IN ARIZONA
- EFFECT OF EMPLOYMENT BENEFITS ON CHILD SUPPORT IN ARIZONA
- EFFECT OF STOCK OPTIONS ON CHILD SUPPORT IN ARIZONA
- MODIFYING CHILD SUPPORT FROM ANOTHER STATE IN ARIZONA
- CHILD SUPPORT MUST BE MODIFIED WHENEVER CHILD CUSTODY ORDERS CHANGE IN ARIZONA
- REGISTERING A CHILD SUPPORT ORDER IN ARIZONA
- BURDEN OF PROOF FOR A DEVIATION IN CHILD SUPPORT IN ARIZONA
- REIMBURSEMENT FOR OVERPAID CHILD SUPPORT IN ARIZONA
- GIFTS AND FREE RENT MAY BE INCOME FOR CHILD SUPPORT PURPOSES
- COURT DISCRETION TO ADD RECURRING GIFTS AS INCOME FOR CHILD SUPPORT
- CHILD SUPPORT AND THE NARCISSIST PARENT
- INCLUDING INCOME FROM A SECOND JOB IN ARIZONA CHILD SUPPORT CALCULATIONS
- STANDARD OF PROOF TO ESTABLISH A WAIVER OF PAST CHILD SUPPORT IN ARIZONA
- CHILD SUPPORT CANNOT BE A PERCENTAGE OF A PARENT’S INCOME IN ARIZONA
- WHAT IS A WAGE ASSIGNMENT IN ARIZONA
- THE AGE WHEN CHILD SUPPORT ENDS IN ARIZONA
- SSDI PAYMENTS OFFSET MEDICAL EXPENSES FOR A CHILD IN ARIZONA
- MODIFYING CHILD SUPPORT WHEN NEITHER PARENT LIVES IN ARIZONA
- HOW TO MODIFY OR ENFORCE A CHILD SUPPORT ORDER ISSUED IN ANOTHER STATE
- HOW TO MAKE ARIZONA CHILD SUPPORT PAYMENTS
- HOW IS INCOME CALCULATED FOR CHILD SUPPORT IN ARIZONA
- HOW TO ENFORCE A CHILD SUPPORT ORDER IN ARIZONA
- WHAT IS CONSIDERED GROSS INCOME FOR ARIZONA CHILD SUPPORT
- CALCULATING A PARENT’S INCOME FOR CHILD SUPPORT IN ARIZONA
- ERRORS IN REGISTERING A CHILD SUPPORT ORDER FROM ANOTHER STATE IN ARIZONA
- DOMESTICATING A CHILD SUPPORT ORDER IN ARIZONA
- CHILD SUPPORT AND AN UNEMPLOYED PARENT IN ARIZONA
- WHAT DOCTORS SHOULD KNOW ABOUT CHILD SUPPORT IN ARIZONA
- CAN A NON-CUSTODIAL PARENT RECEIVE CHILDREN’S SOCIAL SECURITY BENEFITS IN ARIZONA
- EFFECT OF DENIAL OF VISITATION ON CHILD SUPPORT PAYMENTS IN ARIZONA
- ARIZONA CHILD SUPPORT FREQUENTLY ASKED QUESTIONS
- EFFECT OF ERRORS IN REGISTERING A CHILD SUPPORT ORDER FROM ANOTHER STATE IN ARIZONA
- WHEN YOU CAN MODIFY CHILD SUPPORT IN ARIZONA
- GIFT INCOME AND MODIFICATION OF CHILD SUPPORT IN ARIZONA
- WAIVER OF PAST CHILD SUPPORT BY AGREEMENT IN ARIZONA
- UPWARD DEVIATION IN CHILD SUPPORT IN ARIZONA
- MODIFYING A CHILD SUPPORT ORDER FROM ANOTHER COUNTRY
- OBJECTION TO CHILD SUPPORT ARREARS IN UIFSA DOMESTICATION IN ARIZONA
- CAN A SPOUSE’S INCOME BE CONSIDERED FOR CHILD SUPPORT IN ARIZONA
- LEGAL METHODS OF COLLECTING CHILD SUPPORT PAYMENTS IN ARIZONA
- ENFORCEMENT OF A FOREIGN COUNTRY CHILD SUPPORT ORDER IN ARIZONA
- DRIVERS LICENSE RESTRICTIONS FOR UNPAID CHILD SUPPORT IN ARIZONA
- CAN A LOAN BE INCLUDED AS INCOME FOR CHILD SUPPORT IN ARIZONA
- OVERPAYMENT OF CHILD SUPPORT IN ARIZONA
- PAST DUE SUPPORT PAYMENTS APPLY FIRST TO CHILD SUPPORT BEFORE ALIMONY
- CALCULATING CHILD SUPPORT WITH SPLIT CUSTODY OF CHILDREN IN ARIZONA
- EFFECT OF DELAY IN COLLECTING CHILD SUPPORT ARREARAGES IN ARIZONA
- RECOVERING CHILD SUPPORT NOT ORDERED IN A DIVORCE DECREE IN ARIZONA
- LEGAL OPTIONS FOR COLLECTING CHILD SUPPORT PAYMENTS IN ARIZONA
- ARIZONA COURT’S AUTHORITY TO HEAR CHILD SUPPORT ENFORCEMENT ACTIONS
- IMPACT OF WITHHOLDING A CHILD ON CHILD SUPPORT IN ARIZONA
- SISTER STATE’S RIGHT TO MODIFY ARIZONA CHILD SUPPORT RULING
- IS A CHILD SUPPORT ORDER VOID IF IT DOES NOT MENTION ARREARS IN ARIZONA
- CHILD SUPPORT OBLIGATIONS OF A MINOR IN ARIZONA
- TIME LIMIT TO COLLECT CHILD SUPPORT ARREARAGES IN ARIZONA
- RETROACTIVE MODIFICATION OF A CHILD SUPPORT ORDER IN ARIZONA
- CONTEMPT OF COURT FOR UNPAID CHILD SUPPORT ARREARAGES IN ARIZONA
- SUPPORT FOR DISABLED ADULT CHILDREN IN ARIZONA
- CALCULATING INCOME FOR CHILD SUPPORT IN ARIZONA
- THREE YEAR LIMITATION FOR COLLECTING CHILD SUPPORT ARREARAGES
- DISMISSING MODIFICATION OF CHILD SUPPORT FOR NOT DISCLOSING FINANCIAL DOCUMENTS
- ARIZONA CHILD SUPPORT MODIFICATIONS MUST INCLUDE ANY CHANGES IN PARENTING TIME
- EQUITABLE DEFENSES TO FAMILY SUPPORT IN ARIZONA
- AFFIDAVIT OF CHILD SUPPORT ARREARS FROM ANOTHER STATE IN ARIZONA
- PERSONAL JURISDICTION AND CHILD SUPPORT ARREARAGES IN ARIZONA
- PERSONAL JURISDICTION OVER A NON-RESIDENT IN AN ARIZONA CHILD SUPPORT CASE
- ARIZONA CRIMINAL LAW FOR NON-PAYMENT OF CHILD SUPPORT IS CONSTITUTIONAL
- BURDEN OF PROOF IN A MODIFICATION OF CHILD SUPPORT CASE IN ARIZONA
- FULL FAITH AND CREDIT CLAUSE REQUIRES PERSONAL JURISDICTION TO ENFORCE SUPPORT ORDERS
- CHILD SUPPORT IN A BANK ACCOUNT IS EXEMPT FROM EXECUTION BY CREDITORS
- NON-PARENT LAWSUIT FOR REIMBURSEMENT OF CHILD SUPPORT IN ARIZONA