Arizona law allows modification of family law orders when circumstances substantially change after the original order. Governed by various Arizona Revised Statutes, modifications ensure court orders remain appropriate as families' situations evolve.
Substantial and continuing change in circumstances
Change affects child's best interests or party's financial situation
Modification serves the interests of justice
Compliance with waiting periods and procedural requirements
'Substantial and Continuing' Is a High Bar
Temporary setbacks don't qualify for modification. Arizona courts require changes that are significant, material, and ongoing—not temporary. A few months of reduced income during job transition usually won't qualify, but permanent job loss or disability will. Document that your changed circumstances have lasted and will continue.
Essential Modification Requirements
Must prove 'substantial and continuing' change in circumstances
Modifying legal decision-making orders requires meeting specific statutory standards under A.R.S. § 25-411:
Threshold Requirements
One-Year Rule for Custody Modifications
You generally cannot modify custody within one year of the prior order unless the child's current environment seriously endangers their physical, mental, moral, or emotional health. This is a strict threshold—mere disagreement with the other parent's choices won't qualify. Courts enforce this waiting period to promote stability for children.
One-year waiting period: Generally must wait one year after prior custody order
Exception - serious endangerment: Can modify sooner if child's environment seriously endangers physical, mental, moral, or emotional health
Exception - consent: Both parents consent to modification
Exception - integration: Child integrated into petitioner's home with consent
Burden of Proof
Substantial and continuing change: Must prove significant change in circumstances
Best interests of child: Modification must serve child's best interests
A.R.S. § 25-403 factors: Court considers all best interests factors
Minimum change required: Must meet 15% threshold for simplified procedure
Voluntary underemployment: Court may impute income if voluntarily unemployed
Digital Assets & Crypto: Hidden cryptocurrency wallets or NFT assets discovered post-decree may be grounds for reopening property division (Rule 85) or modifying support if they represent significant income.
Child support obligations end when a child reaches the age of majority or becomes emancipated, but modification is required to formally terminate support.
When Child Support Ends
Age 18: Support ends the last day of the month the child turns 18
High school exception: Continues through month after high school graduation OR child turns 19, whichever comes FIRST
Still in high school at 19: Support ends when child turns 19 even if not yet graduated
Graduation before 18: If child graduates high school before turning 18, support continues until age 18
Early Emancipation (Before Age 18)
Child support can end before age 18 in limited circumstances:
Marriage: Child gets married (must be at least 16 with parental/court consent)
Military service: Child enlists in military (must be at least 17)
Self-support: Child is self-supporting and no longer under parental control (requires court finding)
Court must approve: Automatic termination doesn't occur; must file for modification
Disability Exception - Support Beyond Age 18
Support can continue beyond age 18 for disabled children:
Mental or physical disability: Child has disability preventing self-support
Disability existed before age 18: Condition must have been present before majority
Court order required: Support doesn't automatically continue; must obtain court order
Indefinite duration possible: Support can continue as long as disability and need continue
SSI/disability benefits offset: Child's disability benefits may offset support obligation
Multiple Children - Support Doesn't Automatically Decrease
Critical point many parents misunderstand:
No automatic reduction: When one child ages out, support does NOT automatically decrease
Modification required: Paying parent must file modification petition to reduce support
New calculation: Support recalculated based on number of remaining minor children
Pro rata doesn't apply: Can't simply divide current support by number of children
File promptly: Modification only effective from date of service, so file when child turns 18
Procedure to Terminate Support Upon Emancipation
File petition for modification: Must file formal modification petition
Provide evidence: Birth certificate showing age 18, high school diploma/transcript
Notice to other party: Other parent must be served
Court order required: Support continues until court orders termination
Effective date: Termination effective from date specified in order (often date of service)
Arrears Remain Despite Emancipation
Past-due support survives: Emancipation doesn't eliminate arrears
Ongoing obligation: Must continue paying arrears even after child turns 18
Interest accrues: Interest continues to accrue on arrears at 10% annual rate
Enforcement continues: State can enforce arrears through wage garnishment, license suspension, etc.
No statute of limitations: Arrears don't expire and survive payor's death
Common Mistakes Parents Make
Stopping payment at age 18: Must continue paying until court orders termination
Assuming automatic decrease: When one of multiple children ages out, must file modification
Not accounting for high school exception: Forgetting support continues if still in high school
Missing filing deadline: Delay in filing means overpayment you usually can't recover
Post-Majority Educational Support
Note that Arizona does NOT require parents to pay for college:
No obligation for college: Arizona law doesn't require post-18 educational support
Exception - prior agreement: If original divorce decree included college support provision
Voluntary contributions: Parents can voluntarily agree to contribute to college
Consent orders: Parents can agree to continue support for college expenses
Understanding common mistakes helps parties navigate the modification process successfully:
Procedural Mistakes
Failing to file timely: Waiting too long after circumstances change (modification effective only from date of service, not when change occurred)
Stopping payments without court order: Never stop paying support without first obtaining court modification—arrears accumulate even if circumstances changed
Informal agreements: Verbal agreements are not enforceable; always get modifications in writing and approved by court
Missing one-year deadline: For custody, must wait one year unless emergency endangerment exception applies
Improper service: Failing to properly serve the other party delays and can invalidate proceedings
Evidence Mistakes
Insufficient documentation: Not gathering enough evidence of changed circumstances
Stale evidence: Using outdated documents when current information is needed
Incomplete financial disclosure: Failing to provide complete, accurate financial affidavits
No corroboration: Relying solely on your own testimony without supporting evidence
Social media issues: Posting content that contradicts claims (e.g., claiming poverty while posting vacation photos)
Strategic Mistakes
Seeking wrong type of modification: Filing custody modification when parenting time modification is appropriate (different standards)
Ignoring temporary nature of change: Changes must be 'substantial and continuing"—temporary setbacks usually don't qualify
Failing to consider impact on other orders: Custody changes affect support; parenting time changes affect support; plan holistically
Underestimating other parent's response: Other parent may counter-file or raise issues you hadn't anticipated
Delay after prevailing: Once you get a favorable modification, implement it immediately
DES alternative: For child support, DES offers free or low-cost administrative modification services
The Legal Process
File Petition to Modify
File petition explaining the substantial and continuing change in circumstances that justifies modification of custody, support, or parenting time.
Serve the Other Party
Petition must be served on the other parent. They have 20 days to respond (60 days if out of state).
Common Questions
When can I modify a custody order in Arizona?
You can petition to modify custody after one year from the original order if you can show a substantial and continuing change in circumstances. Before one year, modification is only possible if the child's current environment seriously endangers their physical, mental, moral, or emotional health.
What qualifies as a substantial change for child support modification?
A 15% or more change in the support amount when recalculated typically qualifies. Common grounds include significant income changes, job loss, changes in parenting time overnights, changes in childcare costs, or changes in health insurance costs.
How long does it take to modify a court order in Arizona?
Uncontested modifications where both parties agree can be completed in 30-60 days. Contested modifications requiring a hearing typically take 4-6 months. Emergency modifications for child safety can be addressed within days.
Anthony F. Paradise, Esq.
I didn't choose family law. I chose the courtroom.
The preparation. The argument. The moment when everything you've built either holds or falls apart. After earning my J.D. from Arizona Summit Law School, I clerked for a prominent criminal defense and wrongful death attorney. I learned how to build cases that hold up under pressure and how to perform when everything is on the line.
When I committed to practice full time, I brought that same intensity to family law. I understood what it feels like when everything you've built is coming apart. And I learned that how something ends matters as much as how it began.
I have devoted 100% of my practice to family law since 2020. Not because it's easy. Because it's where I belong.
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From Crisis to Clarity
I have helped hundreds of clients and consulted with thousands. My job is to move you from crisis to clarity — with a plan, a strategy, and someone in your corner who knows the details of your case better than anyone.
Relationships are hard. Sometimes the healthiest thing for you, for your children, for everyone, is to separate. But how you end matters as much as why.
What a Good Outcome Looks Like
Divorce ranks alongside death for its toll on mental health. There is no victory lap here.
A good outcome looks like this: someone walks through my door in crisis, and six months later, their life is meaningfully better. They call to tell me their kids are adjusting. They're sleeping again. They can see a future.
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I have seen what happens when attorneys grow their practices too fast. More clients. More revenue. And attention drifting toward management instead of cases. I watched the details slip. That's not the practice I wanted to build.
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