Modification & Enforcement
Once a court order is implemented in Arizona, it is a legally binding decree to which all parties must adhere. However, scenarios frequently occur that render individuals unwilling or unable to follow court orders, particularly those pertaining to child support and child custody. In these cases, individuals may request to modify an order so that they can better comply. Until a modification is implemented, the court can enforce such orders and hold individuals in contempt for refusing to follow them.
Whether you need a support or custody order modification or enforcement, our skilled attorneys at Desert Legal Group are here to walk you through your family law proceedings.
What Are Modifications?
A modification in Arizona occurs when a court reviews and alters a court order that has already been issued. In the realm of family law, most modifications requested are for child custody and child support orders. In these cases, one parent can make a request to modify existing orders if certain circumstances in their life have changed.
A request to modify a court order is appropriate when the parent’s or child’s circumstances have changed significantly. For example, if life changes are preventing a parent from upholding a custody or child support agreement, a modification may be appropriate. Similarly, if a child’s needs change significantly, resulting in higher financial needs or a different custody arrangement, a modification may be necessary.
Examples of Court Orders That Can Be Modified in Arizona
Court orders in family law cases that are already in place may be modified when new evidence or new circumstances impact the existing order. Because the court always prioritizes the needs and stability of a child, only significant changes and evidence of parental unfitness can result in a modification.
Below are examples of orders that can be modified in Arizona:
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Child Custody Agreements
Child custody arrangements commonly require alterations as the children age and have different needs. Changes in life circumstances, such as work schedule changes, sudden changes in a parent's or child's health, or the relocation of one or both parents, also warrant modifications. -
Child Support Orders
These orders may be modified when substantial changes occur in one or both parents’ financial resources available to pay for child rearing, such as the loss of a job or a major pay raise or pay cut. In other cases, the child's financial needs may change, such as an influx of expensive medical bills due to a health condition or changes in educational costs.
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Parenting Plans or Visitation Schedules
Much like child custody orders, these plans or schedules may require modifications as the children become older and their needs change. Other changes to life circumstances can also cause a need to modify them, such as one parent moving or experiencing work schedule changes. -
Spousal Support (Alimony)
The financial needs of one spouse may create the need for alterations to a spousal support order. If one spouse remarries, decides to cohabitate with someone, experiences major changes in income, loses a job, or has sudden health issues, modifications may be warranted.
If you believe your court order can be modified, consult the experienced family law team at Desert Law Group.
Reasons for Modifications
There are many reasons why an existing court order may need to be modified. Several factors involved in a divorce, such as alimony, child support, and child custody are impacted by life situations that may change in the future.
Below are some of the most common reasons for requesting a modification:
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Relocation
One parent may need to move to a distant location, requiring a modification of the current custody agreement. -
Parental Fitness
A parent may develop a mental health or substance use disorder. If any of these scenarios occur, the other parent may request a modification to the current orders. -
Significant Changes in Income or Financial Circumstances
When a parent experiences a loss of employment, pay increase or decrease, or changes in health insurance, then alterations to either a child support order or a spousal support order are needed. -
Other New Life Circumstances
If one party remarries, begins cohabitating with another individual, or one parent passes away, modifications may become necessary.
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Military Deployment
If one parent is deployed or is given orders to move to a new location, modifications to a child custody order may be needed as well. -
Other Parental Non-Compliance or Endangerment
When one parent is unsafe, whether due to abuse, neglect, participating in illegal activity, or taking substances, the other parent can ask for modifications to the child custody order as protection. The same principle applies if one parent refuses to follow court orders. -
Changes in a Child's Needs
As children age, their needs will change. Some of these needs could include changes in education or other additional expenses. Children may also experience changes in health or become disabled, resulting in a need to modify custody or child support.
What Is Enforcement?
In Arizona, enforcement occurs when the court takes legal action to ensure one party follows the terms of a court order. This process is a key tool in family law, as it protects spouses and children from the negative burden that occurs when one party fails to adhere to the terms outlined in an order.
Common Scenarios Requiring Enforcement
There are several situations in which enforcement may be necessary in Arizona.
Below are some of the most common reasons individuals request enforcement:
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Non-Payment of Child or Spousal Support
If one spouse refuses to pay the child or spousal support that was agreed upon in the divorce decree, then enforcement is necessary.
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Failure to Comply with Visitation Schedules
Parenting schedules are created to ensure the safety of children while also granting parents clear, scheduled time to spend with their children. When one parent fails to keep to the schedule, it is not only an inconvenience but a reason to request enforcement to ensure the child’s ongoing wellbeing
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Violations of Parenting Plans
Parenting plans are necessary for ensuring that both parents adhere to a schedule that prioritizes their child's needs and relationships. When one parent ignores a parenting plan, such as refusing to return the child when their parenting time is over, enforcement becomes necessary.
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Refusal to Comply With Court-Ordered Terms
When one individual fails to comply with any terms set in a finalized court order, the wronged party can request enforcement. For example, if one spouse refuses to pay spousal support even though the court ordered it in a divorce decree, this order can be enforced in court.
Steps to Seek Modification or Enforcement
There are several steps that must be completed to have a court order modified or enforced in Arizona.
Modification
For a modification, Arizona residents must follow these steps:
- Determine and clearly define the changes in your life circumstances that warrant a modification.
- File a petition with the court detailing the evidence of changes that require a modification to the current order.
- After the petition is filed, notify the other party via process service, allowing them time to respond.
- Mediation or negotiation may be helpful or even required before proceeding to court.
- If mediation does not help the parties reach an agreement, litigation will be necessary. During the court hearing, the judge will determine whether the modification is needed.
- If the judge decides that a modification is necessary, a new court order will be granted, replacing the original terms of the court order.
Enforcement
For enforcement, you must follow these steps:
- Take note and document all violations of the court order, such as missed exchanges, non-payment of child support, or spousal support.
- File a petition requesting enforcement.
- File a motion for contempt that holds the person who is not following the court order responsible.
As a way to enforce the court order, the individual may encounter consequences from the court, including:
- Contempt of court charges
- Fines
- Jail or prison sentence
- Probation
- Mandated community service
- Suspension of visitation rights
- Removal of custody rights
- Wages garnishment
- Seizure of assets
- Suspension of driver's license
How the Court Evaluates Requests
When a modification or enforcement request is filed, the court examines all evidence and extenuating factors to determine whether a significant change has occurred and whether it warrants enforcement or modification.
It is the court’s highest priority to pursue the child’s best interests as a determining factor in whether modification or enforcement is necessary, especially in child custody cases. In most cases, the court will not restrict a parent’s visitation rights or revoke child custody rights unless it is discovered, in keeping with Arizona law AR 25-411, that the parent spending time with the child is endangering their emotional, physical, mental, or moral health.
It is important that the court sees that a parent can provide a stable and nurturing environment and will take on all parental responsibilities to ensure the child’s needs are being met. The court is primarily concerned with the child’s safety, health, and growth, as well as their overall happiness, despite the circumstances of the case. A skilled lawyer from our firm can help you build a strong case that demonstrates your ability to parent or calls the other parent’s abilities into question.
Why Choose Desert Legal Group?
Requesting a modification or enforcement in Arizona may seem overwhelming to those who do not have a background in family law. Fortunately, Desert Legal Group’s experienced family law attorneys are here to help you walk through the legal process.
Requesting a modification or enforcement in Arizona may seem overwhelming to those who do not have a background in family law. Fortunately, Desert Legal Group’s experienced family law attorneys are here to help you walk through the legal process.
Our skilled family law attorneys can evaluate your case to help you assess whether you have the legal grounds to request a modification or enforcement. Desert Legal Group has experience handling a variety of complex family law cases, and we are dedicated to helping you secure an outcome that ensures the comfort of your family. Whether you need a child support order enforced or you need to modify a custody order, we can guide you through each step of your legal proceedings.
Our team works to provide personalized strategies to meet the unique needs of our clients by evaluating each detail in their case and determining which legal avenue is most effective for them. At Desert Legal Group, we are committed to protecting our client’s rights and helping you achieve the outcome you deserve.
Modification and Enforcement FAQs
When you schedule a consultation with our family law attorneys, we can help you answer questions like these:
It is possible to modify an order without having to go to court if an agreement can be made during mediation. If, however, mediation is not effective for helping you and your former spouse come to an agreement, then you must proceed to court to determine whether a modification is needed. A judge will determine the order’s final terms.
There are several pieces of evidence needed to prove that a modification is necessary. The evidence you need will depend on what kind of modification you need. Evidence may include proof of changes in income, documents of a child’s changes in needs, a change of one parent’s inability to pay child support, proof of health insurance changes, or proof of changes in childcare.
When one parent refuses to comply with a court order in Arizona, the other parent can file a motion to enforce the order. In some cases, the parent who is non-compliant may be found in contempt of court, which will result in additional penalties.
The complete process of modification or enforcement generally takes up to six months, especially if it involves a child support order. However, there is no exact timeframe that you can expect your case to take, as it depends on how quickly information is provided to the court, how complicated the case is, the scheduling of the court, and more.
You are not required to have a lawyer for a modification or enforcement case in Arizona. However, working with a skilled family lawyer provides you with indispensable legal guidance that can help you secure an optimal outcome, especially if your case is complex.