If situations change after you are divorced, what do you do?

Parenting time

By Jessica M. Cotter, Esq.

If the parenting time schedule does not work anymore because the parties have moved far apart or the child is now older and can handle more time with the other parent and it has been over a year since the schedule has been changed or the other parent does not have the ability to care for the child or children, then you should file to modify parenting time.  When you file a petition to modify parenting time with the court then you need to make sure that you are in compliance with Rule 91(F) of the Arizona Family rules of procedure. The rule requires you to file and serve the following:

1. A Petition to Modify Parenting time that states in detail why there needs to be a change, what you want in the new schedule and if you have tried mediation first.

2. A copy of the order to appear:
a. You have to file number 1 put them in the judges box along with a blank order to appear.
b. The court will then fill in the order to appear to call you to pick it up.
c. Once you receive the filled out order to appear then you can serve the documents

This is just to get the process started. Then you have a hearing in which you have to present your evidence to the court and there are no guarantees. I would highly recommend that you review your case with an experienced Family Law Attorney before you file anything with the court.

The Law Firm of Jessica M. Cotter, P.L.L.C.
18301 North 79th avenue
Suite F-186
Glendale, Arizona 85308
Jmcotterlaw.com
Jessica.Cotter@azbar.org
602-843-3004

If situations change after you are divorced, what do you do?

Parenting time

By Jessica M. Cotter, Esq.

If the parenting time schedule does not work anymore because the parties have moved far apart or the child is now older and can handle more time with the other parent and it has been over a year since the schedule has been changed or the other parent does not have the ability to care for the child or children, then you should file to modify parenting time.  When you file a petition to modify parenting time with the court then you need to make sure that you are in compliance with Rule 91(F) of the Arizona Family rules of procedure. The rule requires you to file and serve the following:

1. A Petition to Modify Parenting time that states in detail why there needs to be a change, what you want the new schedule and if you have tried mediation first.

2. A copy of the order to appear:
a. You have to file number 1  put them in the judges box along with a blank order to appear.
b. The court will then fill in the order to appear to call you to pick it up.
c. Once you receive the filled out order to appear then you can serve the documents

This is just to get the process started. Then you have a hearing in which you have to present your evidence to the court and there are no guarantees. I would highly recommend that you review your case with an experienced Family Law Attorney before you file anything with the court.

The Law Firm of Jessica M. Cotter, P.L.L.C.
18301 North 79th avenue
Suite F-186
Glendale, Arizona 85308
Jmcotterlaw.com
Jessica.Cotter@azbar.org
602-843-3004

If situations change after you are divorced, what do you do?

By Jessica M. Cotter, Esq.

Child support 

If you are ordered to pay child support and you have a change in your financial circumstances that is out of your control, for example your company closes, you are laid off or your position is eliminated; the company restructures and this causes you to lose your job or your pay is decreased or you retire. The child is no longer in daycare. The parenting time changes or one of the children turns 18 and has graduated from high school; you have a child in your home or the other party earns more money. 

In order to modify child support there must be a 15% difference in what you would pay in child support or in what you would receive in child support. When doing this you need to make sure that you are in compliance with Rule 91(b) (2) of the Arizona Family rules of procedure. There are two methods which may be used to change the Child Support. The first requires that you file and serve the following documents:

1. A Petition to Modify Child Support that states what the changes are and how drastic the changes are and that they will not improve;

2. An Affidavit of Financial Information;

3. A copy of the order to appear:

a. You have to file number 1 and 2 and put them in the Judges box along with a blank order to appear

b. The court will then fill in the order to appear to call you to pick it up.

c. Once you receive the filled out order to appear then you can serve the documents 

4. Blank Affidavit of Financial information. 

This is just to get the process started. Then there will be a court hearing where you can present evidence to prove to the court how the circumstances have changed since you were divorced and ask the court to modify the amount of support.  Then the court will make its decision. There is no guarantee that the Child support will be lowered or increased. 

The second way to modify your child support is called the simplified method. For this method the court uses its own forms. You can get those forms on the Maricopa County Superior court website. You need to serve the following forms to the other party:

1. A request to modify- the Simplified process

2. Parents worksheet

3. Child Support order

4. Current Employer information sheet. 

5. A Blank request for hearing. 

Neither of the above methods guarantee that the Child Support will be changed and I would consult with an experienced Family Law Attorney in your area. 

Please check out next week’s blog about how to change Child Custody/ legal decision making. 

The Law Firm of Jessica M. Cotter, P.L.L.C.

18301 North 79th avenue 

Suite F-186

Glendale, Arizona 85308

Jmcotterlaw.com

Jessica.Cotter@azbar.org

602-843-3004

If situations change after you are divorced, what do you do?

By Jessica M. Cotter, Esq.

Spousal Maintenance

If you are ordered to pay Spousal Maintenance and it is either ordered by the Court or by agreement that the Spousal Maintenance may be modified when you have a life changing circumstance that is beyond your control.  Example would be that your company closes, you are laid off or your position is eliminated. Another would be the company restructures and this causes you to lose your job or your pay is decreased or you retire. If you were to lose your job and can not find a job making the same amount of money as you were when the order was entered then you can file with the court to modify or terminate your Spousal Maintenance.

When doing this, you need to make sure that you are in compliance with Rule 91(b) of the Arizona Rules of Family Law Procedure. The rule requires that you file and serve the following documents on the other person that is receiving spousal maintenance.

1. A Petition to Modify Spousal Maintenance that states what the changes are and how drastic the changes are and that they will not improve.

2. An Affidavit of Financial Information.

3. A copy of the order to appear
a. You have to file number 1 and 2 and put them in the Judges box along with a blank order to appear
b. The Court will then fill in the order to appear to call you to pick it up.
c. Once you receive the filled out order to appear then you can serve the documents.

4. A blank Affidavit of service.

This is just to get the process started. Then there will be a Court hearing where you can present evidence to prove to the Court the changed circumstances since you were divorced and ask the Court to modify or terminate the award.  Then the Court will make its decision. There is no guarantee that the Spousal Maintenance will be lowered or terminated.

This is not a simple process and I would recommend that you consult with an experience Family Law Attorney in your area.

Keep an eye out for next week’s blog which will discuss how to change Child Support.

The Law Firm of Jessica M. Cotter, P.L.L.C.
18301 North 79th avenue
Suite F-186
Glendale, Arizona 85308
Jmcotterlaw.com
Jessica.Cotter@azbar.org
602-843-3004