Mesa Court-Order Modification Lawyers
Update Court Orders to Reflect Your Current Circumstances
If you believe there is a need to alter a family court order, modification is possible with the help of an experienced family law attorney.
Modifiable orders include but are not limited to:
Admittedly, a court-order modification in Arizona is not an easy process. That is why you need the help of a trusted legal team. At Edwards & Petersen | PLC, we are passionate about helping families maintain stability and security. By modifying an existing court order that may be restrictive, we can help you achieve an order that better reflects your family’s current reality. Our Mesa court order modification attorneys serve clients throughout East Valley.
Child Custody Modifications
In Arizona, the term for child custody is now “legal decision-making.” Judges analyze a vast array of factors when deciding if legal decision-making modifications are in the best interests of the children involved.
- The mental and physical health of both the parents and the child
- If there has been child neglect, or abuse, domestic violence of any kind
- The past and present relationship between the child and parents, along with potential future relationships
- If one parent is found to have deliberately misled the court in order to delay the case as a means of increasing the cost of litigation or ensuring the decision goes in his/her favor
Parenting Time Modifications
Since circumstances often change rapidly, parenting time modification is one of the most commonly sought-after alterations.
You may want to modify a parenting time arrangement if:
- The children age, switch schools, and/or are able to play a larger role in deciding the environment that makes them happy.
- One parent becomes incapacitated due to addiction or health issues and it is in the best interests of the children to remain shielded from this parent’s problems.
- One parent relocates because of work and it is in the best interests of the children not to move with him/her.
Spousal Maintenance Modifications
It is important to get in touch with a qualified attorney if you wish to modify a spousal maintenance order because they are not always modifiable. In Arizona, modifications of this nature are possible if there is evidence of a continuing and significant change in circumstances.
You may be eligible for a spousal maintenance modification if:
- You suffer a loss of income or employment. However, a court is unlikely to allow you to reduce your spousal maintenance payments if your layoff is expected to be short-lived.
- If you lose your health insurance or your employer modifies it. This is a major change, as health insurance is typically a significant expense. If someone’s health insurance costs increase significantly, it may be enough to warrant spousal maintenance modification.
Note that any arrears in spousal maintenance at the time of modification must still be paid.
Child Support Modifications
If you are paying child support and you are the non-custodial parent, there are two types of child support modification at your disposal.
You may be able to obtain a:
- Simplified modification: This applies when circumstances change to the point where the new child support payments would be at least 15% higher or lower than the amount originally ordered by the court.
- Standard modification: This applies when circumstances change in a “substantial and continuing manner” to the point where the child support amount should be changed.
In general, a custody or income change would need to be quite substantial to warrant child support modification. You may not receive the modification you feel you need without the help of an experienced attorney. Our Mesa family law modification lawyers are committed to ensuring that you and your family’s needs are met.
Call Edwards & Petersen | PLC at (480) 418-5656 to schedule a free initial consultation.
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