More Frequently Asked Questions
Q. IF I AM DIVORCED, CAN I MODIFY THE COURT ORDERS?
A. Child custody and visitation can be changed one year after the Order was entered, and upon a showing of a substantial and continuing change of circumstances. An example would be when one parent relocates to another state or when a child is not being cared for properly by the custodial parent. Orders for child support can be modified upon a substantial and continuing change of circumstances, which is usually a 15% change (increase or decrease) in the child support amount. Spousal maintenance can be modified if the Decree does not provide that the amount is "non-modifiable." Property divisions are generally not modifiable.
Q. WHAT IS SPOUSAL MAINTENANCE AND WHO GETS IT?
A. Spousal Maintenance is money paid by one spouse to the other, for that spouse's financial support, assuming the person asking for support in genuinely non self-supporting. There are several criteria set forth in the statute for spousal maintenance, most of which are based upon financial need. Once financial need is established, other factors are considered such as length of marriage, young children to be cared for, the amount of property each spouse will receive in the divorce, the age and education of each spouse, and the income of each spouse. The age of the person asking for Spousal Maintenance is particularly relevant, and if the person is of an age that would permit pursuing a career, the question before the Court will be how much, and for how long, to give this person the opportunity to obtain the training necessary to be self-supporting in the future.
Q. WHAT IF I HAVE A CHILD BUT AM NOT MARRIED TO THE OTHER PARENT OF MY CHILD?
A. This is called a Paternity matter, since there is no marriage to dissolve, but there are parents who have a child or children together. The parents still have custody, visitation and child support issues to resolve. Even though two parents are not married, they each still have rights and responsibilities to their children.
Q. WHAT IF THERE IS DOMESTIC VIOLENCE IN THE HOME?
A. The Court can issue Orders of Protection. They can be used to remove a violent spouse from the residence and keep the violent spouse away. Of course, financial constraints, the limited number of shelters, and the amount of terror and control exerted by a domestically violent spouse often make filing for divorce and getting an Order of Protection difficult. An attorney can help reassure you of your rights to protect yourself and your children.
Q. DO I HAVE TO WAIT UNTIL THE DIVORCE IS FINAL TO GET VISITATION, CHILD SUPPORT OR OTHER RELIEF?
A. No. The Court can provide "Temporary Orders" for custody, visitation, child support, spousal maintenance, use of property and temporary division of debts. If you are in need of immediate financial help or are being denied accessto your children, you can request Temporary Orders that require your spouse to pay support, or provide access to the children.
Q. WHAT IF I OR MY SPOUSE WANTS TO MOVE OUT OF STATE?
A. Moving out of State with the children is a difficult problem. One parent usually remains behind. The decision to remove a child from the state will affect the other parent's visitation rights, and given that, the moving parent must establish that the move is in the best interests of the child. The moving party must show some compelling reason for the requested move. If the parties cannot agree on the issue, the Court will decide based upon the best interests of the child.
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Riebesehl Family Law Offices, located in Phoenix, Arizona (AZ), also represents clients in the East Valley and West Valley communities, in Scottsdale, Tempe, Mesa, Chandler, Avondale, Sun City, Gilbert, Surprise, Glendale and Peoria; all of Maricopa County served.
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