Modifications & Enforcement in Arizona: Evolving Family Solutions
Your Go-To Support in Arizona for Changing Family Dynamics
Protect Your Family’s Best Interests with Arizona’s Enforcement and Modification Experts
Even after child custody or child or spousal support orders have been determined, circumstances can change, and tensions can still run high. Benjamin Legal understands that the enforcement and modification of court orders are matters that are both delicate and complex. We’re here to help ensure that court orders and judgments are followed or to assist with changes to established orders.
Enforcement: Enforcement refers to the process of making sure that a court order related to child support, spousal support, or other court ordered terms are being followed. This may involve filing a motion to enforce a previously established property division or support order, for example.
Modification: Modification refers to the process of seeking to change an existing court order related to child support, spousal support, or child custody due to a significant change in circumstances. This may involve filing a motion to modify a previously established support or custody order, for example, due to a significant change in income, employment schedule, or relocation.
Arizona Enforcement & Modification FAQs
Your Title Goes Here
Your content goes here. Edit or remove this text inline or in the module Content settings. You can also style every aspect of this content in the module Design settings and even apply custom CSS to this text in the module Advanced settings.
"How can I enforce a court order for child custody in Arizona?"
If you have a court order granting you child custody in Arizona and the other parent is not following the order, here are some steps you can take to enforce the order:
- Document any violations of the order, including the dates and times the other parent’s actions did not comply with the terms of the court order.
- If possible, try to resolve the issue amicably by discussing your concerns with the other parent and reminding them of the court order.
- If you are unable to reach a resolution, consider working with a mediator to help you and the other parent reach an agreement on a modified or enforced child custody arrangement.
- If the other parent continues to violate the court order, you can file a Motion to Enforce the order with the court. This motion asks the court to order the other parent to comply with the terms of the order or face consequences such as fines, and in some cases, even imprisonment.
- Enforcing a court order for child custody can be a complicated and emotionally charged process. Consider seeking legal representation to help guide you through the enforcement process.
"What steps can I take to enforce child support payments in Arizona?"
If you have a child support order in Arizona and the other parent is not making payments, you can file a Request for Modification or file a Motion to Enforce.
- Request for Modification: If a parent has experienced a significant change in their financial circumstances, such as a job loss or medical emergency, they may be able to seek a modification of the support order. This may involve a reduction in the amount owed, which could help encourage payments.
- Motion to Enforce: If the other parent continues to not make payments, you can file a Motion to Enforce the order with the court. This motion asks the court to take steps to ensure that the other parent complies with the order, which may include wage garnishment, bank account levies, tax refund intercepts, or even incarceration.
"Can I modify a child custody agreement in Arizona?"
To modify a child custody agreement, a parent must show that a substantial and continuing change in circumstances has occurred since the original custody order was entered. This change in circumstances must affect the best interests of the child and be such that modification is necessary to serve the best interests of the child.
Examples of circumstances that may warrant a modification of a child custody agreement include:
- One parent plans to move out of state or a significant distance away.
- One parent becomes unable to care for the child.
- The child’s needs have changed due to age or medical conditions.
- One parent has been deemed unfit to parent due to abuse, neglect, or substance abuse.
"How do I request a modification of spousal support in Arizona?"
To request a modification of spousal support in Arizona, you will need to show that you have a modifiable order and that there is a basis for the order to be modified, for example, a change in income or employment status could warrant a modification.
If you believe there is basis for modification and you are unable to negotiate a modified spousal support arrangement with the other party, you will need to file a motion with the court. This motion describes the reasons why you believe that a modification is necessary and outlines the proposed changes.
After a motion is filed, the court will schedule a hearing to consider the motion. At the hearing, both parties will have an opportunity to present evidence and arguments. The judge will then decide whether to modify the spousal support order or not.
"Can I modify parenting time schedules in Arizona?"
A parent can request modification of a parenting time schedule if there has been a significant change in circumstances, such as a change in work schedule, relocation, or a change in the child’s needs.
To modify a schedule, the parent seeking the change must file a motion with the court. The motion must outline in detail why the modification is necessary and in the best interest of the child. Supporting evidence and documentation may also need to be submitted with the motion.
The other parent will be notified of the request for modification and will have the opportunity to respond. If an agreement cannot be reached between the parties, a hearing will be scheduled, during which both parties can present evidence and argue their case. The court will ultimately decide whether to modify the visitation schedule based on the best interest of the child.
The court will consider numerous factors, including but not limited to the child’s physical and emotional needs, safety concerns, and the parent-child relationship when making a decision. It’s important to note that a parent cannot request a modification of parenting time solely because they do not agree with the current schedule. The parent must present valid reasons why a modification is necessary for the child, and the court will make a decision based on the evidence presented.