Posts classified under: AZ

A Petition to Modify is a legal document filed by a party seeking to modify legal decision- making, parenting time, and/or child support obligations. Typically, a party may not modify an existing court order unless a year has passed since entry of the parties’ last order. However, depending on the individual circumstances of every case, a modification of a court order may be deemed appropriate inside of a year when a child’s physical, mental, moral, or emotional health is in danger. In all modification cases, a judge’s decision in granting or denying a party’s requests will be based upon a substantial and continuing change of circumstance and the “best interests of the child.” These factors can include but are not limited to:

• Physical, emotional, and mental development of the child
• Child’s age
• Relationship of the child with each parent
• Ability of the parent to support the child
• Home environment
• Time the child spends with each parent
• Logistics
• Schooling

For a party to modify a child support order they must show a “substantial and continuing change of circumstances. Typically, a change of 15% in the support obligation will qualify as a substantial change of circumstance.  Accordingly, a Petition to modify must clearly identify the filing party’s position as well as a detailed description of why their requests for modification are in the best interests of the minor child(ren) and/or a substantial and continuing change of circumstances.

A support payment for spousal maintenance (alimony) or child support usually terminates once certain conditions are met. For instance, spousal maintenance obligations may terminate after a period of time elapses, payment of a total amount, death of a party, remarriage of an ex-spouse, etc. For child support, the obligation will typically terminate once the minor child reaches the age of majority. However, there is no guarantee that the support obligation will automatically end once the terminating condition occurs or is met. Accordingly, it is the responsibility of the party owing the obligation to file a Petition to Stop Support Payment with the court. Since most support obligations are paid via wage assignment, a party who fails to notify the court that their obligation is due to terminate, runs the risk of overpaying on their support obligation. Furthermore, the court will not require the person who was overpaid to refund any monies for the overpayment.

A Premarital Agreement (aka “prenup”) is a contract between two people made in contemplation of marriage.  This contract will often identify the parties’ finances and property as well as how the parties will distribute their current and future property, assets, and debts in the event that the parties breakup or divorce.  The Arizona Uniform Premarital Agreement Act governs all forms of premarital agreements within the state of Arizona.  Since financial matters are often a leading cause of divorce, it may be a benefit to both parties to clearly identify their expectations in this regard before they are married.

Common reasons a person may consider a prenup include but are not limited to:

• A party is coming into the marriage with significantly more assets than the other
• Both parties have significant assets
• One party is retired
• One party is disabled
• Either party has children from a previous marriage or relationship
• One party does not intend on working during the marriage
• One of the parties owns a business
• One party is bringing substantial debt into the marriage
• One party will be supporting the other while the other attends school
• One party is expecting a significant inheritance
• One party is significantly older than the other

To enforce or modify a foreign (out-of-state) court order for custody, legal decision- making, parenting time, or visitation, now or in the future, a party must first “register” the out-of-state court order in Arizona.  However, for Arizona to enforce or modify the existing out-of-state order, certain prerequisites must be met. For Arizona to enforce an out-of-state court order, the minor child(ren) must live in Arizona, or will live in Arizona in the near future.  For Arizona to modify an out-of-state court order, all parties must have moved from the state where the order was issued or the party remaining in the originating state must have filed a “consent to transfer” in the court where the order was issued.

The process of registering an out-of-state order for custody, legal decision-making, parenting time, or visitation will include all of the following documents:

• Family Court/Sensitive Data Coversheet with Children
• Request to Register a Foreign Court Order for Custody, Legal Decision-Making, Parenting Time, or Non-Parent Visitation
• Two copies (one must be certified) of the order to be enforced or modified including any subsequent orders that modify the original order
• Affidavit to Register Foreign (out-of-state) Custody, Legal Decision-Making, Parenting Time, or Visitation Order in Arizona (A.R.S. § 25-1055) (UCCJEA)
• Affidavit Regarding Minor Children

To enforce or modify a foreign support order (out-of-state) for spousal maintenance, child support, or family support, now or in the future, a party must first “register” the out-of-state court order in Arizona. However, for Arizona to enforce or modify the existing out-of-state order, certain prerequisites must be met. For Arizona to enforce an out-of-state court order, the minor child(ren) must live in Arizona or will live in Arizona in the near future. For Arizona to modify an out-of-state court order, all parties must have moved from the state where the order was issued or the party remaining in the originating state must have filed a “consent to transfer” in the court where the order was issued.

The process of registering an out-of-state support order will include all of the following documents:

• Family Court/Sensitive Data Coversheet with Children
• Request to Register Foreign (Out-of-State) Support Order
• Affidavit to Register a Foreign (Out-of-State) Family Support Order
• Copy of the order(s) you are seeking to register