Modification means changing an existing family court order. In Arizona, child support, spousal maintenance, legal decision making, and parenting time can all potentially be modified after the original decree is entered if the applicable legal standard is met.

The standard for modifying parenting time and legal decision making is a showing of a substantial and continuing change in circumstances that makes the modification in the child’s best interests. This is a real standard, not a low bar. A temporary change, a disagreement about how things are going, or simply wanting something different is not enough. The change must be significant, it must be ongoing, and the proposed modification must actually serve the child.

Child support modification follows the support guidelines and requires a showing that the current amount would change by a meaningful threshold if recalculated based on current circumstances. Spousal maintenance modification under A.R.S. § 25-327 also requires a substantial and continuing change in circumstances unless the agreement providing for maintenance is non-modifiable.

Property division is generally not modifiable after the decree is entered. The final property allocation is intended to be permanent. Enforcement of a property provision is different from modification of it.

A non-modifiable spousal maintenance agreement negotiated by the parties cannot be reopened by either party regardless of changed circumstances. That finality is one of the most significant advantages of a negotiated settlement over a judicial award.