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Modification and Enforcement Family Law issues are unlike other legal problems that conclude upon settlement or a court's ruling. Because circumstances and people change, modification of a family court order is often necessary. Some orders can be modified at any time, while others are subject to time limitations. For example, child custody orders cannot be modified for one year after entry, unless there is evidence that the child's present environment seriously endangers the child's physical, mental or emotional well-being. Modification of a child support obligation can be ordered whenever there is a substantial and continuing change of circumstances which would result in the child support amount going up or down at least 15%. Spousal maintenance can be modified when there's proof of a substantial and continuing change of circumstances, unless the decree provides that maintenance is non-modifiable. While child custody, parenting time, child support, and spousal maintenance orders can be modified after the divorce decree or paternity order is entered, provisions regarding property division generally cannot be modified. In all modification actions, the party seeking modification must demonstrate that the modification is justified and that legal requirements have been met. Modification of Child Custody or Parenting Time In custody matters, modification of custody and/or parenting time are governed by A.R.S. §25-411. http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/25/00411.htm&Title=25&DocType=ARS Pursuant to A.R.S. §25-411, a party may not move to modify a custody order earlier than one year after its entry, unless the court permits it to be made on the basis that there is reason to believe the child's present environment may seriously endanger the child's physical, mental, moral or emotional health. However, at any time after a joint custody order is entered, a parent may petition the court for modification of the order on the basis of evidence that domestic violence, spousal abuse or child abuse has occurred since the entry of the joint custody order. A parent may petition the court for modification within six months of the entry of an order for custody based on the failure of the other parent to comply with the provisions of the order. A court may modify an order granting or denying parenting time rights (as opposed to custody rights) whenever modification would serve the best interest of the child. However, a court cannot restrict a parent's parenting time rights unless it finds that the parenting time would seriously endanger the child's physical, mental, moral or emotional health. If you have questions please don't hesitate to contact Jennifer W. Shick and Shick Law Offices L.L.C. today for a free initial consultation. We're here to help!
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