Modifying Alimony-How a Legal Paraprofessional Can Help

Spousal support or spousal maintenance, also known as alimony, is designed to provide financial assistance to a spouse following a divorce.

However, life circumstances can change, necessitating a modification of the initial spousal support order.

Understanding Arizona’s process and legal grounds for modifying spousal support can be crucial for those who either pay or receive alimony.

Table of Contents:

• Circumstances for Modifying Spousal Support
• Legal Process for Requesting a Modification
• Examples of Situations Warranting Change

According to the U.S. Census Bureau, approximately 15% of divorced individuals receive spousal support. 

Contact De Novo Law today for expert guidance and modification of spousal support. Our experienced Legal Paraprofessionals can provide the support and advocacy you need.

Circumstances for Modifying Spousal Support

Under Arizona law, spousal support can be modified when circumstances change significantly and continue.

This means that the change must be substantial enough to warrant a revision of the original support order, not just a temporary or minor fluctuation.

The Arizona Revised Statutes (A.R.S. § 25-327) govern the modification of spousal support and outline the criteria the court considers when evaluating modification requests.

Some common circumstances that may justify a modification include changes in employment status, significant income fluctuations, or substantial changes in either party’s financial needs or resources.

For example, if the paying spouse loses their job or experiences a significant decrease in income, they may seek a reduction in spousal support payments. Conversely, if the receiving spouse’s financial situation improves significantly, the paying spouse might request a modification to reduce or terminate the support.

Changes in health or unforeseen medical expenses can also constitute valid reasons for modification.

Suppose either party experiences a severe health issue that impacts their earning capacity or incurs substantial medical costs. In that case, the court may consider these factors to modify the spousal support order.

Legal Process for Requesting a Modification

Requesting a modification of spousal support involves a legal process that begins with filing a petition in family court.

The petition must detail the substantial and continuing change in circumstances that justifies the request for modification.

It is crucial to provide comprehensive and accurate documentation to support the claims made in the petition.

The legal process typically includes the following steps:

• Filing the Petition: The requesting party must file a petition for modification with the family court and serve it to the other party.
• Response: The other party has the opportunity to respond to the petition, either agreeing or contesting the proposed modification.
• Hearing: If the parties cannot reach an agreement, the court will schedule a hearing where both parties can present evidence and arguments.
• Court Decision: The judge will evaluate the evidence and decide based on the case’s merits and the criteria outlined in A.R.S. § 25-327.

Examples of Situations Warranting Change

Understanding the situations that justify modifying spousal support is essential for anyone considering such a request.

The court looks for significant, ongoing changes in circumstances that impact the financial dynamics between the ex-spouses.

Below are some common scenarios that illustrate when and why a modification might be warranted:

Employment Changes

If the paying spouse becomes unemployed or experiences a significant reduction in income due to factors beyond their control, such as layoffs or medical issues.

Cohabitation or Remarriage

If the receiving spouse cohabitates with a new partner or remarries, potentially reducing their financial needs.

Significant Financial Changes

If the receiving spouse’s financial situation improves significantly, such as through receiving a large inheritance, a substantial increase in income, or winning a lottery.