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A divorce is an end to your marriage, not your family. Your relationship with your children never ends. But children grow up, jobs change, ex-spouses remarry and you may find that your original court order no longer matches reality.
Modifying Child Custody
You are entitled to go back to court and seek a modification of the original divorce decree so that it better matches your lifestyle today. Arizona law requires a parent to establish a "substantial and continuous change of circumstances" to modify a child custody order. This means a material change to your or your child's emotional or physical health, employment, work schedule, living situation or marital status. Immaterial differences in parenting style are not a sufficient basis for a child custody change.
Modifying Parenting Time
Arizona law requires only that modification of the parenting time (visitation) schedule be in a child's best interest. This lesser standard, therefore, allows changes to the parenting time schedule without having to prove that there has been a substantial and continuing change of circumstances.
Child Support Modifications
In Arizona, you may request a review of your child support order due to the following:
- Add or change medical insurance coverage
- If one of the children has become old enough to be legally free (In Arizona, emancipated)
- A significant change in income for either ex-spouse
- A sizable change in the cost of raising a child (health care costs, day care costs)
- If the number of hours of parenting time (visitation) has changed significantly
Please note that child support guidelines are currently under review by the Arizona Supreme Court and that new guidelines are on the way. Call The Law Firm of Michael J. Shew, Ltd., at 888-866-8523 or contact us online to see how these changes could impact you.
Let us be the positive, compassionate and fully focused counsel you need to get you through your family law matter or challenge. With an office in the Ahwatukee Foothills, we serve Phoenix and Maricopa County families with skill and empathy. Call the lawyers at The Law Firm of Michael J. Shew, Ltd., at 888-866-8523 or contact us online.
