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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 36403
Experience:  30 years as a family law lawyer .
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I was reading through my divorce decree just now and it says

Resolved Question:

I was reading through my divorce decree just now and it says this in regards XXXXX XXXXX spousal maintenance:
The spousal maintenance awarded above shall be modifiable by either party upon a showing of substantial and continuing change of circumstances.
Does this change your view of my original question and the answer you gave me? Even though it says I will recieve it untill I marry or die?

Originally the change of circumstances that was discussed was if my ex husband lost his job again or got a job that paid more money yet that is not brought up in the decree.

I had a roommate, my ex daughter in law, who was paying the utilities and has since moved out. That is what my boyfriend would pay if he lived with me.
Submitted: 5 years ago.
Category: Family Law
Expert:  RayAnswers replied 5 years ago.

RayAnswers :

Thanks for your question.What this means here is that the ex can file and seek to have this modified and ended .Ultimately the court decides if the change here warrants modification here or not.The Arizona statute below governs and botXXXXX XXXXXne is the corut decides this case by case.

RayAnswers :

25-327. Modification and termination of provisions for maintenance, support and property disposition

A. Except as otherwise provided in section 25-317, subsections F and G, the provisions of any decree respecting maintenance or support may be modified or terminated only on a showing of changed circumstances that are substantial and continuing except as to any amount that may have accrued as an arrearage before the date of notice of the motion or order to show cause to modify or terminate. The addition of health insurance coverage as defined in section 25-531 or a change in the availability of health insurance coverage may constitute a continuing and substantial change in circumstance. The provisions as to property disposition may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state. Modifications and terminations are effective on the first day of the month following notice of the petition for modification or termination unless the court, for good cause shown, orders the change to become effective at a different date but not earlier than the date of filing the petition for modification or termination.

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

C. 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. If 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 and has priority equal to the right for family allowance in section 14-2404. Past due support has priority equal to claims provided for in section 14-3805, subsection A, paragraph 6.

D. Notwithstanding any other law, pursuant to a petition filed pursuant to this section the court may suspend the imposition of future interest that accrues on a judgment for support issued pursuant to this article for the period of time that the petitioner is incarcerated or physically or mentally disabled to the extent that the person is unable to maintain employment.

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