When a family court in Maricopa County issues an order, be it child custody, child support, spousal maintenance, property division, or other family law order type, the order can be very difficult to change. However, modifying a support order is not impossible, and can be done when circumstances have changed significantly in order for a modification to make sense. The following considers what you need to know about modifying family law orders in Mesa, and how a Mesa modification attorney can help you. For more information that is specific to your case, call or text a Mesa divorce lawyer to schedule a case consultation today.
Modification of Child Support
Each parent is responsible for providing for their child financially. A court determines how this shall ensue, with a support obligation being based on a number of factors, including the number of children, any special needs, and the income and resources of both parents. Because income is a large determining factor in terms of a support amount, modification to order may make sense when income (or another factor) changes dramatically.
In order to request a modification for child support, the modification-seeking party must file a Petition to Modify Child Support, and serve the other party with this petition. The court will set a hearing date, at which time both sides can present their case.
Petition to Modify Spousal Maintenance
Similar steps to the process above may be followed in order to file a petition to modify a spousal maintenance award. In fact, a single petition can be used to request a modification to both spousal maintenance and child support. In order to request such a change, you will need to provide the court with a complete affidavit of your financial information. Your petition must also include information about the current amount you are paying in spousal support, what you would like the amount changed to, and the reasons for which you are requesting a change.
Modifying a Child Custody Order
Another type of court order that parents often seek to modify is the one that dictates the custody of their child(ren). In Arizona, the state recognizes two types of custody: legal decision making (the power to make decisions about the child’s life) and parenting time (how much time the child spends with each party). In order to make a modification to a child support order in Mesa, you must wait for at least one year since the date that your custody order was signed by the court, unless the other parent has not followed the support order for at least six months or you believe the child is at risk of harm. The Superior Court of Maricopa County reminds parents that child custody is a very serious issue, and filing a modification should be a last-resort effort when mediation between you and the child’s other parent is unsuccessful.
In order to file a petition to modify a child custody order that is successful, you will need to prove to the judge in your case, using evidence, that the best interests of your child will be served by the modification. This means that you cannot file a modification for a change in custody simply because you are not getting along with your child’s other parent or you want to see your child more; the change must be for the child’s benefit.
How an Experienced Mesa Modification Attorney Can Help
Filing a request for modification for any type of court order can be complicated, and you must prove that circumstances have changed and that current situation dictates the modification. Remember, filing a petition with a court is a legal process, and can be very technical as such. An error in the filing with your petition could be costly, and if you are not prepared for your hearing, your efforts may be in vain.
At Modern Law, PLLC, our experienced Mesa modification attorneys represent you throughout every step of the process, from helping you to understand when a modification is reasonable to filling out and filing your petition to representing you in court.
Contact Us Today
If you need a modification of a court order, keep in mind that the process can take weeks or months to complete. As such, you should begin the process now, especially if your circumstances are especially drastic (i.e. you have suffered a significant change in financial circumstance and are unable to pay alimony or child support). At Modern Law, PLLC, our Mesa modification attorney will competently guide you. Contact us today to learn more and get started.