Isabella Carter
Arizona's child support and spousal support laws are outlined in the Arizona Revised Statutes (ARS), specifically ARS 25-327. This statute covers the modification and termination of provisions for maintenance, support, and property disposition. While spousal support orders can be modified in certain circumstances, such as the addition of health insurance coverage, the obligation to pay future maintenance typically terminates upon the death of either spouse or the remarriage of the receiving spouse. In the case of child support, orders are binding and cannot be modified without a significant, long-term change in circumstances. This could include a change in income, assets, or the addition of health insurance coverage. The statute also addresses the continuation of child support obligations in the event of the paying parent's death and the potential modification of the amount. Understanding and navigating these laws can be complex, and it is advisable to seek legal counsel for specific situations.
| Characteristics | Values |
|---|---|
| Name | ARS 25-327 |
| Title | Modification and termination of provisions for maintenance, support and property disposition |
| Description | The provisions of any decree respecting maintenance or support may be modified or terminated only on a showing of changed circumstances that are substantial and continuing. |
| Child Support | Child support orders are binding, with penalties for those who fail to pay. Either the paying parent or the child-support-receiving parent may request a modification of their child-support order if they’ve experienced a change in their circumstances. |
| Spousal Support | The Court may decline to enforce a spousal support order in limited circumstances. The obligation to pay future maintenance is terminated on the death of either party or the remarriage of the party receiving maintenance. |
| Health Insurance | The addition of health insurance coverage or a change in the availability of health insurance coverage may constitute a continuing and substantial change in circumstance. |
| Property Disposition | The provisions as to property disposition may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state. |
| Support for Minor Children | Provisions for the support of a minor child are not terminated by the death of a parent obligated to support the child. If a parent obligated to pay support dies, the amount of future support may be modified, revoked, or commuted to a lump-sum payment. |
| Support During Incarceration or Disability | The court may suspend the imposition of future interest that accrues on a judgment for support for the period of time that the petitioner is incarcerated or has physical or mental disabilities that prevent them from maintaining employment. |
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What You'll Learn
Child support modifications
In Arizona, child support modifications are governed by A.R.S. §25-327 and paragraph 24 of the Arizona Child Support Guidelines, an appendix to A.R.S. §25-320. A.R.S. §25-327 requires a demonstration of "changed circumstances that are substantial and continuing." The requirement for the change to be "substantial and continuing" prevents people from requesting modifications for every short-term or minor temporary change.
The term "modifiable" refers to the ability to alter the amount of child support previously ordered by the court. The child support amount can be raised or lowered, and it may be appropriate to change which parent pays. Child support typically terminates when no children are under 18 or still in high school. Child support is calculated based on factors such as the parties' respective incomes or income potential, parenting time, daycare costs, and health insurance costs. If any of these factors change significantly, a party can request a modification of the child support amount.
The Simplified Procedure, which uses simpler forms and an expedited court process, is available for parents seeking to modify child support. However, this procedure requires finding a 15% difference in the child support amount, which is not a requirement for requesting a modification. Instead, the 15% difference serves as automatic proof of a "substantial" change, allowing the request to proceed through the Simplified Procedure.
In Arizona, spousal support orders can be modified in specific circumstances. The Court may decline to enforce a spousal support order if equitable considerations warrant it. While the Court lacks jurisdiction to modify a non-modifiable support order, it can deny a petition to collect support arrears based on the other party's equitable defenses. Additionally, spousal support orders can be modified or terminated in cases of incarceration or physical or mental disabilities that render the individual unable to maintain employment.
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Spousal support orders
Spousal support, also known as alimony, is a court-ordered payment from one spouse or domestic partner to help cover the other's monthly expenses. It is financial assistance determined by a divorce decree, recognising a partner's contribution to the marriage, and helping the recipient achieve financial independence. The rules and regulations regarding spousal support vary across different states in the US.
In California, spousal support can be ordered by a judge in a divorce, legal separation, or domestic violence restraining order case. There are three types of spousal support orders: ordering an amount of support to be paid from one spouse to the other, reserving spousal support, and ending the ability of the court to award support. The judge decides on the type and amount of support based on factors such as the skills and education of each spouse, the job market, the time and cost of gaining new skills and education, and the standard of living during the marriage.
In Arizona, spousal support orders can be modified or terminated under ARS 25-327 in specific circumstances. For example, the addition or change of health insurance coverage may constitute a continuing and substantial change in circumstance. The court may also suspend the imposition of future interest on a support judgment if the petitioner is incarcerated or has physical or mental disabilities that render them unable to maintain employment. The death of either party or the remarriage of the party receiving maintenance typically terminates the obligation to pay future maintenance.
Spousal support can be temporary, permanent, or a one-time lump-sum payment. It is often adjusted to help the recipient spouse establish a new life after divorce and gain financial independence. The paying spouse has the right to stipulate that there be no review of the support agreement, but the court can override this in cases of hardship, such as the illness or incapacity of the recipient spouse.
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Health insurance coverage
In Arizona, the addition of health insurance coverage as defined in section 25-531 or a change in the availability of health insurance coverage may constitute a continuing and substantial change in circumstance. This is outlined in Arizona Revised Statutes Title 25, Marital and Domestic Relations § 25-327.
The statute states that the provisions of any decree respecting maintenance or support may be modified or terminated only on a showing of changed circumstances that are substantial and continuing. This includes changes to health insurance coverage, as mentioned earlier.
The specific section pertaining to health insurance coverage is worth noting:
> "The addition of health insurance coverage as defined in section 25-531 or a change in the availability of health insurance coverage may constitute a continuing and substantial change in circumstance."
This means that if an individual's spouse begins receiving disability benefits, resulting in a modification of their health insurance coverage, this could be considered a substantial change. Such a change could potentially trigger a modification of the original decree regarding maintenance or support.
It is important to consult with a legal professional or seek specific legal advice regarding this matter, as the details of each case may vary.
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Property disposition
In Arizona, ARS 25-327 outlines the provisions for modification and termination of maintenance, support, and property disposition. While the law does not specifically mention a spouse receiving disability, it does provide some guidance on how these matters are handled in the event of changed circumstances.
Now, let's focus on the topic of property disposition under ARS 25-327:
ARS 25-327 states that the provisions regarding property disposition cannot be revoked or modified unless specific conditions are met. These provisions can only be changed if the court finds justifiable reasons to reopen the judgment under Arizona state laws. This maintains a level of stability and finality in the decisions regarding property division during divorce or legal separation.
When it comes to property disposition, the court plays a pivotal role in ensuring an equitable division. In a proceeding for dissolution of marriage, legal separation, or property disposition following a court-ordered dissolution, the court assigns each spouse's separate property to them. The court also divides community property, joint tenancy, and other property held in common in a fair and equitable manner, without necessarily dividing it in kind. This means that the court can determine how these shared assets are distributed between the spouses, considering factors beyond a simple 50/50 split.
The court takes into account various factors when dividing property. It may consider all debts and obligations related to the property, including taxes that may become due upon its disposition. This comprehensive approach ensures that the division of property is fair and practical for both parties. Additionally, the court can impress a lien on either spouse's separate property or the marital property awarded to secure payments related to the property, community debts, spousal maintenance, or child support.
In cases where the parties cannot agree on a joint debt distribution plan, the court may order each party to submit their proposed plan. The court's final orders regarding property division will reflect the approved debt distribution plan. This process ensures that community debts are allocated appropriately and that creditors are informed of the repayment responsibilities.
Furthermore, ARS 25-327 addresses situations where a spouse is unable to pay community debts. In such cases, the court may enforce consequences. For instance, if a spouse fails to comply with an order to pay debts, the court can issue orders to transfer that spouse's property to compensate the other party. Similarly, if a spouse is found to be in contempt of an order to pay community debts, the court has the authority to impose appropriate sanctions.
In summary, ARS 25-327 provides a framework for property disposition during divorce or legal separation in Arizona. While the specific provisions regarding property division cannot be easily revoked or modified, the court plays a central role in ensuring an equitable division, considering debts, obligations, and taxes associated with the property. The court also has the power to enforce compliance with its orders through various means, such as imposing liens or transferring property to address unpaid community debts.
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Support for minor children
In Arizona, the law states that every person has a duty to provide reasonable support for their natural and adopted minor, unemancipated children, regardless of the child's residence. This includes the obligation to provide medical insurance for the child and to cover any medical costs that are not covered by insurance. The obligation to pay future maintenance for minor children is not terminated by the death of a parent, though the amount of future support may be modified.
The Arizona Court of Appeals has held that although the trial court lacks jurisdiction to modify a non-modifiable support order, it may still deny a petition to collect support arrearages based on the other party's equitable defences. The obligation to pay future maintenance is terminated on the death of either party or the remarriage of the party receiving maintenance. The addition of health insurance coverage or a change in the availability of health insurance coverage may constitute a continuing and substantial change in circumstances.
If a child has severe mental or physical disabilities, the court may order support to continue past the age of majority. The court may also determine that a parent is not obligated to contribute to the support of their minor child if maternity or paternity is the result of the parent's sexual contact with a person who has been found guilty of sexual conduct with a minor or sexual assault.
The duration of parenting time and related expenses are also factors in determining the amount of child support. The default under Arizona law is that the obligation to pay future maintenance is terminated on the death of either party or the remarriage of the party receiving maintenance. If both parties agree, the maintenance order may state that its maintenance terms shall not be modified.
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Frequently asked questions
ARS 25-327 refers to the Arizona Revised Statutes, specifically the section on the modification and termination of provisions for maintenance, support, and property disposition.
Under ARS 25-327, the obligation to pay future maintenance is terminated on the death of either party or the remarriage of the party receiving maintenance. The court may decline to enforce a spousal support order in limited circumstances if equitable considerations warrant it.
ARS 25-327 states that the court may suspend the imposition of future interest that accrues on a judgment for support if the spouse is disabled to the extent that they are unable to maintain employment.
