Modifications to Spousal Maintenance
Most agreements that are negotiated outside of court have a non-modifiable clause that prevents either party from modifying. As an aside, if you have not yet agreed on spousal maintenance, this is an important consideration. Most agreements include a non-modifiable clause. It provides certainty for both parties to plan their lives. If you had a court decide your spousal maintenance you will not have a non-modifiable clause because courts will not include such a term. A court could have ordered spousal maintenance for a set term of year and during that time set by the court, the order can be modified. After the set term of years has ended, it can no longer be modified.
Requirements for modification require that either party allege significant and ongoing change of circumstances. There may also be circumstances outlined in your spousal maintenance agreement if it was a negotiated settlement. Court decided spousal maintenance does not address any such circumstances and the court will only agree to even hear about a modification if it is brought during the term of years that the court ordered it to be paid. Typical reasons to allege in a modification, after the significant change of circumstances is alleged:
- Salary or income change that is significant. A party cannot quit a job voluntarily to reduce maintenance after it is ordered. There cannot be reasons presented that were already in the first trial.
- The party receiving spousal maintenance remarries. Almost all situations stop spousal maintenance upon marriage of the party receiving the payments.
- Receiving party begins living with a partner, especially if that new arrangement reduces expenses for the party receiving the money.
- Death of either party stops spousal maintenance. It does not keep going into the estate nor can it have a creditor status against the estate.
Here is the Arizona Spousal Maintenance Calculator available through the Arizona Judicial Branch that can help you with a Spousal Maintenance Worksheet. This can be used for the initial spousal maintenance case and the modification.
Here is an Affidavit of Financial Information link. This AFI must be completed or the court will not hear your case. (Be careful to avoid disclosing indemnifying financial information that could be used to commit fraud against you if the document became public.)
For any dissolution or legal separation case filed on or after September 24, 2022, if spousal maintenance is requested, a Spousal Maintenance Worksheet must be completed and filed with the court.
How To Modify Spousal Maintenance
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Frequently Asked Questions
How is spousal maintenance treated by the IRS?
As of 2019, spousal maintenance is no longer tax-deductible for the payer nor is it taxable income for the receiving party. This changed the way you could compare pre and post 2019 awards since the math changes dramatically with these tax changes.
My wife remarried two years ago and I just found out.
You can file a petition and ask that your spousal maintenance be stopped immediately and that you are due a reimbursement.
My former husband quite his job after our trial to avoid paying the court ordered spousal maintenance.
Your former husband will continue to owe you the court ordered amount. You can file a petition for enforcement and the court will assist you in getting him to pay the award and the arrears with interest.
My former husband has quit his job and filed for a modification after the trial court awarded me spousal maintenance.
Your former husband will have to show a substantial change of circumstances and the court will wonder why his job changed. If he quit his job just to avoid paying spousal maintenance, he is wrong. Of course, he can voluntarily quit his job but the court ordered award will not be modified.
My former wife has her boyfriend living with her. She denies that he lives at her house.
You can investigate and try and get evidence. Does he still have his own residence? How often does he spend the night? Does he have kids or a dog that also lives with them? Did he change his address on his driver’s license or with the post office? An attorney can help you investigate these circumstances that might include a deposition of your former wife and her boyfriend. We won a case like this because he parked his car every night at her house and had his dog live there with his own new dog door.
My father passed away and was paying my step mother. She sent the family a letter and expects us to pay off the balance.
She is incorrect unless there is some document that requires it. You might want to ask your probate attorney or consult with a family law attorney.
My former wife is paid spousal maintenance by me. She overspent after the divorce and she has now asked for a modification to pay off her debt.
This is doubtful that she will be successful. This debt was of her own doing unless it is something out of her control, such as medical bills. This is all discretionary with the court if she can properly plead these facts in her petition.
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Family Law Success Stories
Best Law Firm has helped thousands of families during the past 18 years. We help families through negotiation, settlements, mediations and court litigation when necessary. The goal is to resolve issues with the least amount of money and stress and only use court litigation as a last resort. Every family we meet is important to us so we would like to share just a few of our success stories with you.
We represented an unmarried father and were able to reunite him with his 4 year old son after the mother secretly moved him to Florida.
We represented a mother and were able to require the father to undergo therapy before he could have any parenting time with his three daughters who he had been physically and emotionally abusing. We had a certified domestic violence expert testify in the case.
We represented an unmarried mother and were able to reunite her with her 2 year old daughter after the father took the child in secret without permission or a court order.
We represented a husband who had a large estate and the wife wanted assets greater than their prenuptial agreement allowed.
We represented a wife in a long term marriage to obtain the spousal maintenance that she was due.
We represented the husband whose wife violated their divorce decree's spousal maintenance agreement by living with her boyfriend.
We represented an unmarried mother and were able to obtain a large child support order from the father who was a professional athlete and it was upheld on appeal. (Murphy)
We represented an unmarried father and were able to fight abuse allegations filed against him and get a court order for 50-50 parenting time for his 2 children.
We represented an unmarried father and were able to defend him against false allegations and obtain a court order where he was named primary custodial parent of his 3 year old son.
We represented a mother who lived in Italy whose teenager was unlawfully kept in Arizona after summer visitation by the Father. It was ordered for the child to return to his mom in Italy.
We represented a father whose 2 children were taken to Kansas after their divorce was filed in Arizona and the court ordered them to be returned.
We represented a father who lived in Texas and fought for primary custody of his daughter who lived in Arizona. The daughter was able to move to Texas because of the mother's abuse and neglect.
We represented a Canadian mother whose husband attempted to get a divorce in Arizona where he could keep the kids. Mother had no long term visa and would have lost her children. Tali Collins was a "friend of the court" and was heard at a Canadian hearing on the same matter that had been filed in BC.
We were the mediators for a mother who wanted to keep the community house (and equity) and the father who wanted to keep his community retirement. We were able to craft an agreement where she received more spousal maintenance up front which the husband agreed to pay to keep the community retirement he had earned.
We represented two ER doctors and mediated their parenting agreement which was drafted to help each doctor have the maximum time with their son.
We represented a father who was a doctor and obtained sole custody of his two daughters after the mother had a worsening mental illness.
We represented a father whose former wife attempted to enforce an out of state child support arrears calculation that was incorrect. We also won the case on appeal. (Glover)
We represented a mother and successfully protected against potential kidnapping by the father to a non Hague country, the UAE. The parenting time order put in safety measures and supervisors to protect the daughters.
We represented a father from Japan to obtain a parenting time order for his young son.
We represented a father to severe the rights of the mother with their two daughters after the mother was imprisoned for criminal abuse against them.
We represented a father and were able to negotiate a parenting plan with joint legal decision making and a 50-50 parenting plan for his son.
We represented a divorced couple against the grandmother who wanted visitation time with their daughter against the parents' wishes.
We represented a married couple and negotiated visitation with a former mother in law, grandmother to their son/step son.
We represented grandparents and negotiated parenting time with a previously estranged father of their grandson.
What Our Clients Say
Our experienced team at Best Law Firm has helped thousands of clients. See what some of them have to say about working with us.
J.S
Divorce Mediation“Ms. Best resolved my spousal maintenance issue with my husband and his attorney in two hours. She accomplished what the lawyers could not do in 9 months of litigation. I am very grateful for her help.”
B.W.
Divorce With Children“We hired this law firm to represent our son in trying to get joint custody. They did a fabulous job keeping us informed as to their plan each week. I have to say I do not think my son would be enjoying his daughter right now with his 50/50 custody if it was not for this law firm.”
T.N.
Custody And Father's Rights“You are the Best, before I retained counsel, I was not able to see my children and did not know what rights a father had in Arizona. I now have joint legal and physical custody. Thank you for all that you have done for my family.”
R.C.
Divorce Mediation“Thank You! Thank you! Thank You! Thank you for getting my son what he deserves! Thank you for finally ending this 9 year chaos…I slept like a little baby last night! You are all GREAT!”
MM
Family LawI’ve used Best Law Firm twice now. Excellent communication skills, rapid responses, and they know EXACTLY what they are doing. They look out for you.like one of their own and do everything they can to keep your case cost effective. Highly recommend!
J.G.
Family Law“The service provided at ‘Best’ was beyond exceptional. The staff at ‘Best’ were professional, going above and beyond their normal duties to help me. I would sincerely recommend ‘Best’ for anyone looking for help with their families legal matters.”
B.H.
Family Law“I have worked with Best Law Firm on two issues in the past 12 months. Their service is exceptional and the quality of their attorneys is second to none! So, their name (Best) is truly appropriate! I would recommend their legal services to anyone!”
C.J.
Divorce With ChildrenThank you for the excellence in your craft and communication each and every step of the way, for the care, for helping me to be brave and strong in holding someone accountable for their wrongdoings, for helping my sons and me to receive the best possible scenario out of the worst situation of my life.
TM
Family Law“Alan was very professional and quick, he had our paperwork done the same day. When I called him to follow up I was able to speak with him then. Highly recommend Alan, he’s very easy to talk to, he’s very knowledgeable, and he means business.”
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