Phoenix, AZ asked in Divorce for Arizona

Q: Can you change a lowered time & amount modification of spousal support back to original decree amount & time duration?

I have come to realize that I will not be able to survive each month with no spousal support. I modified with my ex husband to lower the amount & time duration to 4 years. It was in the original decree to be more money each month & to not end until I remarried. Will I be able to change this back to the original decree?

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1 Lawyer Answer
Jay Hall
Jay Hall
  • Scottsdale, AZ
  • Licensed in Arizona

A: The modifiability of spousal maintenance first depends on the language of the current orders. If your agreement did not make maintenance non-modifiable, it will be possible to modify. You will need to prove the occurrence of substantial and continuing changes since your last modification. Simply regretting that change likely will be insufficient. If there were other changes, however, to say the cost of your health insurance or other living expenses or an involuntary reduction to your income, you may be able to modify.

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