Can child support/alimony be modified?

This is not a substitute for legal advice. An attorney must be consulted.

ALABAMA

A prior child support award may be modified only on proof of changed circumstances, and the burden is on the party seeking the modification. The moving party must show a substantial and continuing material change of circumstances. Alabama Code 30-3-1.

The child support guidelines shall be used by the parties as the basis for periodic updates of child support obligations. There shall be a rebuttal presumption that child support should be modified when the difference between the existing child support award and the amount determined by application of the guidelines varies more that 10%, unless the variation is due to the fact that the existing child support award resulted from a rebuttal of the guidelines and there has been no change in the circumstances that resulted in that rebuttal of the guidelines.

Rule 32, Alabama Rules of Judicial Administration.

The alimony provisions in a divorce decree can be modified upon the showing of a material change in circumstances. The focus is on whether there has been a material change in the financial or economic needs of the payee spouse and the ability of the payor spouse to respond to those needs. Alabama Code 30-2-51.

If a spouse who is receiving alimony remarries or is living openly or cohabiting with a member of the opposite sex, the court shall modify a divorce decree to terminate alimony.

Alabama Code 30-2-55.

ALASKA

At any time after the Judgment of Dissolution, the court, upon motion of either party, may modify the spousal maintenance or child support provisions. Generally, modification may be granted only where there has been a substantial material change in circumstances occurring subsequent to the original court order. The change usually must be more or less permanent rather than temporary. With respect to child support, a material change of circumstances will be presumed by the court if support as calculated by the guidelines is more than 15% greater or less than the prior support order. AS 25.24.170 and Rule 90.3, Alaska Rules of Court.

ARIZONA

The child support and spousal maintenance provisions of a Decree of Dissolution may be modified only as to installments accruing subsequent to notice of the Motion for Modification to the opposing party and only upon a showing of changed circumstances which are substantial and continuing. The provisions in a Decree for Property Disposition may not be revoked or modified unless the court finds existence of conditions that justify the reopening of a judgment under the laws of Arizona.

Unless otherwise agreed in writing or expressly provided in the Decree, the obligation to pay future spousal maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.

Unless otherwise agreed in writing or expressly provided in the Decree, provisions for the support of a minor child are not terminated by the death of a parent obligated to support the child. When a parent obligated to pay support dies, the amount of future support may be modified, revoked or commuted to a lump sum payment to the extent just and appropriate in the circumstances. ARS §25-327.

ARKANSAS

The alimony and child support provisions of a divorce decree are always subject to modification, by application of either party, upon a showing of a change in circumstances. With respect to child support, the court may not modify the provisio...

If you are already a vLex customer, Access Here