What Happens If Situations Change After The Divorce?
Even after a divorce or other family law case is finalized, there may be issues that arise, especially when it comes to ongoing obligations such as child and spousal support and ongoing rights such as child custody and visitation.
Pursuing and Opposing Changes to Child Custody and Visitation
There are many circumstances that can justify modifying legal custody over a child as well as each parent’s share of parenting time. These issues include the age of the child, changes in parental employment, parental relocation, and substance abuse and mental health issues.
I represent clients pursuing and opposing child custody modification, including parents seeking more parenting time and custodial rights as well as parents seeking to restrict the parenting time and custodial rights of their children’s other parent. If there are immediate emergency issues, I am available on weekends and weekday nights to work on your case.
If you are interested in pursuing any type of post-divorce modification or enforcement, or are opposing a modification or enforcement request, contact me to discuss your questions and concerns.
Evaluating Whether Child or Spousal Support Can Be Modified
A child support and spousal maintenance order can be modified if there has been a substantial and continuing change in circumstances, such as a parent’s income or job status, the cost or availability of health insurance, the cost or non-use of day care for the children, or even the age of the children.
A “substantial” change is required to modify child support such that if the child support is recalculated under the Arizona Child Support Guidelines, and there is at least a 15 percent change in the supporting parent’s obligation, a change may be requested. “Continuing” means the change is not just temporary, such as short-term unemployment and even incarceration.
Determining whether a change in circumstances is substantial and continuing can be a complex issue, especially with parties that are self employed and are hiding income in their financial statements or tax returns. I am experienced at litigating contested child support modification cases; and have been highly successful winning these types of case due to my strong financial background.
I’m attorney Matthew Schultz, and I represent Arizona parents in all types of post-divorce modification cases. To discuss your case with a knowledgeable divorce lawyer, contact me at my offices in Tempe for a free phone consultation.