Modification and Enforcement After Divorce
A finalized divorce can produce a range of emotions—relief that the process is over, but sadness that the end of the divorce has been complete. No matter how easy or difficult the divorce process was completed, there is always a possibility that you may return to court to modify or enforce a divorce order. At Law Offices of Scott David Stewart, we advise and represent people who need help with the continuing obligations and relationships that survive the end of a marriage: child support, spousal maintenance and parenting time.
Call 928-252-3996 to schedule an appointment with an experienced family law attorney or contact us by e-mail. We are committed to protecting your rights and your family.
Modifications of Custody or Support
A modification to a custody or support order may be necessary when a change in circumstance makes the original order impossible or unfeasible. For example child custody or parenting time modifications may be necessary if the custodial parent is relocating, taking a new job for an increased salary, or if the needs of the child change. A change to support may be necessary after job loss, remarriage, or after an injury. Our divorce attorneys are experienced in pursuing and defending against modifications for our clients and their families.
Seeking a Modification to Child Support Payments
The easier and more certain way is to explain to your former spouse why you need an increase in child support or need to pay less maintenance. It is important to support your explanation with a letter from your attorney describing the reasons why the judge is likely to see the situation your way. This gives you a good point of departure for negotiating a mutually acceptable approach to modifying the original arrangements that you can together submit for the court's approval.
The tougher and less certain way is to skip the step above and go straight to court with a strong case for modification based on a substantial change of material circumstances. In other words, the changed facts have to relate directly to the obligation you want modified, and also needs to be substantial — for example, a 15 percent increase or decrease in financial need or ability to pay.
Enforcement
Under Arizona law, unexcused or continuing default in the payment of child support obligations can expose you to the risk of jail. Violation of a child support order is regarded as a contempt of court, and jail time until the contempt is purged is more than an abstract possibility.
If you need to collect unpaid child support or spousal support, we know how to use the threat of contempt to the maximum advantage, then go to work to get you the money you need. If you need to defend an enforcement action or contempt citation, we can advise you about your options and work to minimize your exposure to punishment.
For more information please call 928-252-3996 or contact us by e-mail to arrange an initial consultation or case evaluation. Our lawyers are dedicated to providing experienced comprehensive legal service to clients in Flagstaff and throughout Northern Arizona.