Modification and Termination of Child Support or Spousal Maintenance (Alimony)

To support a finding in Arizona that either child support or spousal maintenance (alimony) should be modified or terminated, a party requesting such change must demonstrate that there has been a changed circumstance that is substantial and continuing.

That said, prospective clients often seek representation from an experienced Arizona family law attorney because there is limited guidance and/or information available clarifying what amounts to a substantial and continuous change in circumstance sufficient to warrant either a modification to or complete termination of either child support or spousal maintenance (alimony).

As example, if one’s income were substantially reduced, would that not provide sufficient justification to support a modification to or termination of child support or spousal maintenance (alimony)? Perhaps, but a reduction to one’s income alone, without knowing more is often mistaken as justification for such change.

Take for instance a parent who had his/her income substantially reduced or even cut totally because he/she was laid off as opposed to a parent who had his/her income substantially reduced or even cut totally because he/she did something to cause themselves fired by their employer. In both circumstances a parent’s income was reduced and therefore could be argued as being a “substantial” change in circumstance to warrant a modification under the law. That said, although similar in outcome, these two situations may very well yield different results when presented to the Court. The parent who was laid off without fault of his/her own stands in much better position to seek modification than that of the parent who did something to cause themselves fired.

The aforementioned is but one example of how application of individualized facts, although similar, when applied to the law may end with entirely different outcomes. For that reason, it is suggested that if you or someone you know are contemplating a modification to child support or spousal maintenance, that they first seek advice from an experienced Arizona family law attorney. Our law firm can help in that regard. Please contact us today to schedule your free initial consultation.

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