May 2014 – Modifying a Decree of Dissolution/Court Order

If you or your ex-spouse’s income has changed or there has been some other significant change that effects the terms of your Decree of Dissolution, Legal Separation or Judgment of Paternity, you may need to consider obtaining a modification through the Court.

The original court orders remain in effect until they are changed or modified. In order to modify a court order and make it legally enforceable, a formal Post Decree Petition must be presented to the court. Some parties may be able to work together to agree upon the modifications. An attorney can prepare the necessary documents to file with the court in order to change the original court orders. If the parties do not agree on the changes, you may need to obtain the services of an attorney to negotiate the changes for you, or to appear at a Court hearing to present the changes to a Judge.

Some aspects of a Decree of Dissolution/Court Order that may be modifiable include:

  • Child support/child support arrearages
  • Spousal maintenance
  • Legal decision making
  • Parenting time/visitation

These changes may include:

  • You need to have the payment amount increased/decreased because of job loss or job promotion (if the amount you receive or pay will increase or decrease by 15%)
  • Your ex-spouse remarries
  • Your child graduates high school and turns 18 to19 years of age
  • Your child’s needs/expenses have changed
  • You or your ex-spouse is moving out-of-state

If any of these circumstances apply to you, it is important to contact our experienced attorneys to assist you in modifying your current court orders.

Our Scottsdale Family Law attorneys have more than 80 years of combined experience. Contact Owens & Perkins, Attorneys at Law at (480) 630-2464 today for a FREE 30-minute consultation.