Modification of Orders

It's not uncommon for family relationships and finances to change after a divorce. If your income has changed, if you now have more or less time with your child, or if you have additional children in another marriage, you may need to request a change to your original support or child custody order. Even alimony is subject to change.

At the Law Offices of Scott David Stewart our family law attorneys can explain how the court views a request to modify an existing visitation or support order and the process for doing so. It's vitally important to follow the proper procedure so you do not find yourself facing a contempt order for violating the terms of your original court order.

Contact our Phoenix or Chandler law office to schedule a consultation. Many of our clients seeking modification of a court order live in other states but were divorced in Maricopa County, Arizona. If you are located out of state, we are happy to assist you. Call our office at (602) 548-3400 for a phone consultation.

Reasons to Request a Post-Divorce Modification

Family court judges recognize that circumstances change over time and that there may be pressing reasons to modify an order. However, a court order is never changed lightly. You must have the facts together to support a request for modification of an order. Our office will collect evidence and documentation to support your request before the court.

• Child support: Has your income changed significantly? Have your child's needs changed? Has she started or completed daycare? Does he have a medical condition? Are there special educational needs?
• Child custody and visitation: Are there school or work reasons that make a change preferable? Has the other parent demonstrated they are unfit to parent because of child abuse, neglect, or a drug abuse problem? Has the non-custodial parent consistently missed parenting time as described in your parenting plan / child custody order?
• Move away situations: You cannot remove your child from the state without taking your case back to court and showing a good reason for moving, such as a better paying job or remarriage.
• Spousal maintenance: Has the person paying alimony had a loss of income?

Why It's Important to Follow Procedure

We often see people who have run into trouble with the law because they attempted to work out an informal agreement with a former spouse. Working outside the system leaves you vulnerable to false charges of non-payment, a contempt-of-court order, and possibly jail time. It's always best to formalize any agreement by taking your case back to court.

Don't try to solve a legal problem without legal guidance. Contact the Phoenix family lawyers at the Law Offices of Scott David Stewart.