Post-Divorce Modification & Enforcement

Updating Your Agreements to Keep Up With Your Lives

It is not uncommon for the final judgment of divorce or settlement to need modifying years after the fact. Situations change. Most certainly, children mature and develop new interests. In less-than-optimal situations, your spouse may begin to ignore any agreements and no longer abide by the terms of child support, child custody, or alimony orders.

Significant Change in Circumstances

Arizona courts allow for post-divorce modifications when there has been a “substantial and continuing change in circumstances.” Examples of this change could be: 

  • Loss of a job
  • Diagnosis of a serious chronic illness
  • Relocation for work
  • Changes in school schedules or extracurricular activities
  • Other sudden change that dramatically increases or decreases one parent’s income

Court orders may be altered to reflect these changes. Of course, you and your child’s other parent may simply come to an agreement on a modification and ask the court to sign off on the changes. If, however, you need to petition the court, you should know that securing a post-divorce modification is a bit of an uphill battle. 

Enforcement of Court Orders

Sometimes, when one parent is refusing to abide by the post-divorce arrangements, spouses may have to go to court. There are various ways to enforce a court order, with the most serious being jail time for the non-paying parent. 

All too often, parents respond to not receiving child support or alimony by withholding parenting time from the other parent. This is a poor choice. If your ex is not abiding by a court order, you should not retaliate by violating a different court order. Documenting everything that happens and continuing to satisfy your obligations is the best way to ensure you start receiving the financial support you deserve.

If existing child custody, child support, or spousal maintenance orders are not working for you or your child, contact Monahan Law Firm today. We will work tirelessly to get everything back on track.