Wondering if spousal support be modified? Yes, unless the support order says it is not to be modified. The court maintains continuing jurisdiction over spousal maintenance for the entire time it is awarded. When spousal maintenance is modifiable, either party has the right to ask that the court change the amount. In general, a maintenance award may be modified with a substantial change in circumstances following the original maintenance order. The parties may agree, however, that the maintenance order will not be modifiable. In that instance, non-modification of maintenance would be stated in the decree.
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- How is the spousal maintenance order enforced? In addition to civil remedies like wage garnishment, under A.R.S. § 25-511.01, when the noncompliant obligor has notice of the maintenance order, he or she can be convicted of a...
- Is spousal maintenance the same as spousal support? Yes, it is. Spousal maintenance, also referred to as spousal support or alimony, is court-ordered support paid by the obligor-spouse to the other spouse or former spouse (the obligee) to...
- If the court decides the divorce was my fault, does that mean I will have to pay spousal maintenance? No. Arizona is a “no fault” divorce state, which means the court doesn’t consider marital misconduct when deciding whether to award, or not to award, spousal maintenance. Whatever fault there...
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- What is a vocational evaluator for spousal maintenance? The employability and earning potential of the spouse seeking maintenance is often a question for expert analysis. A vocational evaluator may be utilized to help establish a spouse’s earning ability....
