Modifications of Family Law Orders in Arizona

Whatever the reason you have for wanting to change a Court order, you have the option of doing so if you can meet the legal standards. Our attorneys can help you determine if you have a case for modification.

How We Can Help With Your

Modifications of Family Law Order

Everyone wants to go through the family court process just once. Once for the divorce or once to figure out custody. But that is not always possible. Circumstances change. Sometimes, the plan the parties originally agreed or the Court ordered no longer works because of new life changes. Or perhaps the Court got it wrong in the first instance, and you believe it is time for the Court to try again.

Family rulings are unique from rulings in almost any other area of law because they can be modified. This is because of the unique situation in which a family court operates—the needs and circumstances of the parties change over time, so the Court can change its orders over time.

Have Questions? We have answers

Modifications of Family Law Order FAQs

How long do I have to pay child support for?

ou must pay child support until your child is 18 and graduated from high school or until they turn 19 years old.

What should I be doing to prepare for a modification?

The answer depends a little bit on your circumstances, but generally speaking, you should be keeping a timeline of events that have occurred and any evidence you might have to support it. If for instance, the other parent sends you a nasty text message, you should have a place where you write down the date and what was said, and then print out the text message and save it with the other evidence you have.

If the Court ordered you to do certain things, such as attend counseling or complete a parenting class, make sure you do that and keep a record of it. The items the Court requires of you are not only mandatory, but i the judge is signaling to you what changes the judge wants to see before increasing your access to the child. You may not agree with the judge, but we recommend you follow what the judge has required of you to increase your chances for a better result next time around.

For spousal maintenance and child support, keeping your financial records so that you are ready to go on discovery and disclosure is important and can save you a lot of time and money when you are ready to modify.

What do the Arizona courts try to achieve in a custody case?

In an ideal world, judges are trying to create a situation where both parents are equally involved, and the child is safe, loved, provided for, and cared for. The parents communicate well with each other and both are involved in the child’s education and attend the child’s medical appointments, school events, and extracurricular activities without any drama whatsoever. That would be the ideal, but most cases are going to fall short of that—and many will not come anywhere close to that. In those situations, the child’s safety must be tended to first, but after that, the court and others have developed programs to help parents communicated better, coparent better, and keep the focus on what is best for the child. Attorneys are aware of these programs and can talk to you about what solutions might fit your situation.

For child custody, is Arizona a “Mother’s state”?

No. Arizona is a gender-neutral state, meaning it does not favor one parent over the other because of gender.

The other parent refuses to follow the Parenting Plan. What can I do?

You have a few options: The first option is to enforce the Parenting Plan by filing a Petition to Enforce. A Parenting Plan is a Court order, and the Court can enforce its order. It can do so by imposing penalties on the offending parent or requiring them to attend certain classes or counseling to help them learn how to co-parent. Another option may be to modify the Parenting Plan. Depending on the infraction, the Court could make small adjustments to the plan, put conditions on the parent’s time with the child or adjust parenting time and legal decision-making altogether.

Can the other parent and I agree to change our Parenting Plan?

Yes, you can. You two are still the parents. Except in cases involving third parties, whenever the parents agree, the Courts encourage. Most judges would rather the parents decide what is best for their child than leave it up to the judge. The Parenting Plan is a fallback provision to what you will do when the two of you cannot reach an agreement. If you would like your Agreement to become the new Parenting Plan, you can complete an updated Parenting Plan, have both parents sign it, and submit it to the Court.

Why did Arizona change what “child custody” means?

In 2012, the Legislature changed the meaning of the term, custody because they were concerned too many people fighting for custody did not understand what they were fighting for. There was a feeling that some people pursued “custody” simply because it was what a parent is supposed to do. The Legislature thought if they made the terms more descriptive of the rights being pursued, parents could make an informed decision of whether it was something they wanted to pursue in Court. The Legislature hoped the change might lessen conflicts and litigation.

Learn More About Divorce

Arizona Divorce Resources

Top 5 Things to Know About Divorce in Arizona

Arizona is a community property state. This means anything either spouse earned during the marriage belongs to both spouses.

Learn More

Top 5 Things to Know About Family Law Appeals in Arizona

It is possible to fix a bad ruling from the court, but it is difficult. Prior to trial, you were on even footing with the other party—you both had, in theory at least, an equal chance of prevailing.

Learn More

Top 5 Things to Know About Family Law Modifications in Arizona

Some parts of a Court’s ruling are not modifiable, including the division of property and an award of attorney’s fees. While many parts of the Court’s order are subject to modification, some parts are not.

Learn More

Top 5 Things to Know About Child Custody in Arizona

There are four parts of every child custody case. The typical case has four parts to it: Paternity, legal decision-making, parenting time, and child support. Except in unusual circumstances, paternity will only get ruled on once.

Learn More

Top 5 Things to Know About Father’s Rights in Arizona

Being on the birth certificate doesn’t mean you’re legally recognized as the father. When a child is born to an unmarried mother, only the mother’s rights are automatically established. The father will have to establish his rights separately.

Learn More

Good People. Great Results.

Our people are the biggest asset we have. We only hire the best people to work at our firm. We know our motivated, intelligent, high-quality people will deliver outstanding results for you.

Get Started

We love helping people.

Any issue or question I have has always been answered. I am super grateful to Jillian because I feel like I have someone by my side 100% of the time.

AJ - Past Client

Throughout this entire process, everyone at the firm treated me with the courtesy and respect that you would extend a lifelong friend, and for that humble gesture I shall remain forever grateful . . .

MV - Past Client

The best at what they do! Im so impressed by the knowledge Stephen has off the top of his head. The whole crew is amazing . Would highly recommend them.

JS - Past Client

I've never met such a passionate, organized, and responsive group of attorneys. Family law matters can be emotionally and legally challenging but this group stands out as the place to go to get great help

AA - Past Client

The team that works here is professional, timely, and has your best interests at the root of every decision. They work tirelessly and have an amazing array of experience to act on your behalf...needless to say, they’d always be my choice!

EU - Past Client

Highly recommend this firm for family law disputes. The efforts that they put forth to a case are some of the best that you can get, but they also know how to really work with a client and make it feel like a team atmosphere

AC - Past Client

I know some of the lead attorneys at State 48 Law Firm, and have complete faith and trust in their knowledge and professionalism. I would trust them implicitly, with my own legal needs.

BJ - Past Client

Excellent team of attorneys. Everyone has a wealth of experience and a great depth of legal knowledge. I would highly recommend this firm to anyone.

ML - Past Client

I can't recommend State 48 Law Firm enough. They have a great team of experienced attorneys, although I highly recommend Bryce Johnson! He has a wealth of family law knowledge and will fight for you.

LW - Past Client

I've known and worked with State 48 attorney Bryce Johnson for several years and know him to be a considerate and tactful attorney who fights tooth and nail for his clients. I would recommend State 48 for your family law needs!

ZS - Past Client

Everyone at State 48 Law Firm is great! Jillian Hansen will take the time to educate you about the process while showing empathy for the situation.

ZB - Past Client

State 48 Law includes a very experienced team of lawyers who will work tirelessly for you. I would recommend their team, and specifically Bryce Johnson, to anyone.

JK - Past Client

During one of the most difficult periods in your life, it is imperative to find a lawyer and a law firm, who can look after your interests.

KB - Past Client

I’ve worked with this Team before & can’t say enough about their professionalism & constant communication. Highly recommend State48 for anything family law.

KH - Past Client

Ankita takes her time, is very responsive, and shows that she does care. You don’t usually find that compassion in a lawyer. I can’t thank her enough for helping us through our case and I highly recommended her!

HG - Past Client