Divorces are granted by the courts, so any changes to the terms of agreement made by former partners must also be approved by the courts. This includes issues of child and spousal support. Any support modifications will have to go back to court to be considered by a judge.
There will also need to have been a major change in one of the partner’s circumstances following the divorce for the judge to consider modifying the original agreement. Such circumstances include remarriage, less income caused by unemployment, more income because of an increase in salary or job promotion, and illness or injury causing the inability to work. The court will look at the same factors which applied at the time of the original agreement, and because it is a legal procedure, the advice and support of a properly qualified divorce lawyer is highly recommended.
The custodial parent can petition the court for an increase in the level of payments provided when the circumstances of the person providing child and spousal support have significantly improved. It works the other way too, so the non-custodial parent can ask the court for a reduction in payments if they can show they have had a decrease in income or are experiencing financial difficulties. If they can no longer earn a living due to mental or physical disability, or similar circumstances, this will also be taken into account. Other factors for possible consideration include the length of the marriage, and the age and health of former partners.
The Cantor Law Group has successfully represented many clients seeking support modifications to a divorce agreement, and one of our Phoenix family lawyers can provide advice in this area. We can also help in the preparation of a support modification request, and represent you at the court hearing in Arizona where we will strenuously protect your rights and interest.
Please call us at (602) 691-6385 or email us to arrange a free consultation with a Phoenix family lawyer who can explain the support modification process further, and how to successfully petition the court.