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ARIZONA DIVORCE / FAMILY LAWS


NOTE: These pages are no longer being updated.
For the latest Arizona Laws, visit AZ State Legislature - Title 25 - Marital and Domestic Relations

 

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 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 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 are effective on the first day of the month following the filing of the petition for modification unless the court, for good cause shown, orders the change to become effective at a later date.

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