People often ask whether it is possible to change a Final Judgment or Decree of Dissolution after it has been finalized by a judge. In Arizona, this can sometimes be accomplished either by directly challenging the judge’s ruling or by working with the court to modify a decree that has been in effect for some time. While general information can help you understand the process, every situation is unique, and it is best to seek guidance from DM Cantor’s Family Law Practice (currently known as Cantor Law Group) to discuss the specifics of your case—particularly when the modification involves matters related to children.

Below, we will review the different stages and legal concepts involved in modifying a divorce in Arizona.

Appeal Process

An appeal must be initiated within 30 days of the decree’s filing by submitting a Notice of Appeal. One of the most common grounds is the improper admission or exclusion of evidence over an attorney’s objection. Appeals are filed with the Arizona Court of Appeals.

The appellate court may find that the trial judge made an error but conclude it was not significant enough to overturn the final judgment. If the court determines that harmful error occurred, the case will be sent back to the Superior Court for a new trial. DM Cantor’s Family Law Practice (currently known as Cantor Law Group) has substantial appellate experience—some attorneys have had their cases published in Arizona case law reporters, and members of the firm have argued issues before the Arizona Supreme Court.

Divorce Modification and Enforcement

Once a final judgment is entered—whether through a Marital Settlement Agreement, a trial judgment, or an appeal—both parties must comply with the terms of the decree.

For enforcement, if one spouse fails to meet their obligations, the court can issue an Order to Show Cause requiring them to explain why they should not be held in contempt. Sanctions may range from fines to imprisonment. Judges also have tools such as wage garnishment for unpaid child support, revocation of a driver’s license, or even initiating proceedings to suspend a professional license. Anyone seeking enforcement should provide their attorney with the most recent decree and proof of payments made to date.

For divorce modification with children, changes in circumstances—such as job loss, reduced income, health issues, or medical needs of a child—may justify altering the original decree. Modifications are especially important when these changes affect the best interests of the child. Strong supporting evidence, including documentation and witness statements, can be critical in making the case for immediate modification.

Modifications involving children typically fall into three categories:

• Modification of Spousal Maintenance 
• Modification of Child Custody 
• Modification of Child Support 

Modifying Spousal Maintenance (Alimony)

In Arizona, spousal maintenance—commonly referred to as alimony—is not intended to punish either party. Its primary purpose is to help a spouse maintain the standard of living established during the marriage and to provide support during the transition from living as a couple to becoming financially independent. When determining whether to modify spousal maintenance, courts often review many of the same factors considered at the time the original Decree of Dissolution was issued.

Reasons for modification can vary but generally relate to significant changes in circumstances. These may include a spouse’s ability—or inability—to meet their own needs through income or assets, the impact of caring for young children, contributions made to the other spouse’s education or career, the length of the marriage, the age and health of the requesting spouse, and the time required to gain education or training for suitable employment. Courts also consider both spouses’ earning capacities, the standard of living during the marriage, whether either party has wasted or concealed community property, the paying spouse’s ability to provide support while maintaining their own living standard, and each spouse’s work history and vocational skills.

Because the court’s analysis is fact-specific, it is essential to compile a thorough record of relevant information, including financial documentation, employment records, and any other details that support the requested change. Providing this information to your attorney early in the process can help build the strongest possible case for modification.

Child Support Modification

In Arizona, a judge can order either parent to pay child support, which is intended to cover a child’s basic needs such as housing, food, and education. The calculation is based on financial figures rather than on which parent is considered the “better” caregiver. Courts look at several factors, including the child’s financial resources, the standard of living enjoyed before the marriage ended, any special medical, educational, or mental health needs, the financial circumstances and debts of both parents, and whether community property has been destroyed, concealed, or misused. Parenting time also plays a role—if custody is shared, the amount of time the child spends in each home and any related expenses are taken into account.

Arizona uses Arizona Supreme Court Guidelines to calculate support, applying a mathematical formula that considers income, parenting time, health insurance coverage for the children, and other support obligations. At DM Cantor’s Family Law Practice (currently known as Cantor Law Group), attorneys use specialized software to make these calculations quickly and accurately.

Income is typically the most important factor in determining support and can include wages, bonuses, commissions, overtime, disability benefits, Social Security income, rental property income, royalties, and even non-retirement stock option plans. If a parent is unemployed, the court may still impute income to them based on a full-time, minimum-wage job—unless there is valid evidence they cannot work, such as being under 18 and enrolled in high school or having other substantiated limitations.

For self-employed parents, establishing true income can be more complex. Cash transactions, deductions for personal expenses through a business, and discrepancies between tax returns and actual earnings often require extensive discovery. In some cases, other documents—such as past loan applications—can help reveal accurate income levels.

All child support orders must specify which parent is responsible for providing medical insurance and for paying non-covered medical expenses. The income of a new spouse or partner is not considered when determining support obligations. In other words, even if one parent remarries a wealthy spouse, the other parent is still required to fulfill their child support responsibilities.

Child Custody Modification

When a court considers modifying child custody, the central question is always what arrangement is in the best interests of the child. To make that determination, the court evaluates a range of factors, including the child’s own preference (when age and maturity allow), each parent’s ability and willingness to foster a close and loving relationship between the child and the other parent, and the parents’ stated preferences. Stability plays a significant role, so the court will also look at the child’s attachment to their home, school, and community, as well as the physical and mental health of both the child and the parents. The strength of relationships between the child and each parent, siblings, and extended family members is also considered, along with any history of child abuse, domestic violence, or coercion in reaching prior custody agreements. The court takes note of which parent has served as the primary caregiver and will weigh any criminal convictions involving sexual offenses or substance abuse.

In many situations, parents are able to work together—through their attorneys—to create a written Joint Parenting Plan. This plan typically sets out custody arrangements and visitation schedules for regular days and special occasions such as holidays, birthdays, and weekends. The judge will review the plan to ensure it is practical, taking into account factors such as the parents’ work schedules and the distance between their homes. Even when one parent objects, the court can still award joint custody if it determines the arrangement serves the child’s best interests. Arizona law also allows grandparents to request visitation rights if they file the necessary petitions.

When custody matters are complex or contested, courts often turn to expert evaluations. A Custody Evaluation or Dispute Assessment, sometimes involving the appointment of a mental health expert, can provide detailed insight. This expert may conduct psychological testing, interview the parents and children, and speak with other individuals who have relevant information. They may also rely on confidential sources when preparing their report and recommendations. Such evaluations can be initiated by agreement of the parties or ordered by the court over both parents’ objections. DM Cantor’s Family Law Practice (currently known as Cantor Law Group) works with experienced custody evaluators to ensure the court has a thorough and accurate basis for its decision on what truly serves the child’s best interests.

Child’s Living Situation Modifications

When a parent wishes to relocate—either to another part of Arizona or out of state—and take the children with them, the court applies the same best interests of the child standard used in other custody cases, with some additional considerations. The judge will review whether custody is sole or joint and whether the move is intended to undermine the other parent’s visitation rights. Relocations in sole custody situations are more likely to be approved, while joint custody moves are often heavily litigated.

In contested relocation cases, the court essentially reopens the custody issue from the ground up. The parent requesting the move must demonstrate a substantial change in circumstances to justify it. Examples include securing significantly higher-paying employment, caring for a terminally ill parent, or being required to relocate due to a job transfer. Simply wanting to move, without such a substantial reason, will not meet the legal threshold.

In some cases, the court may appoint a Guardian Ad Litem to represent the child’s interests, especially if the parents’ positions appear to conflict with what may be best for the child. This often occurs when a child expresses a strong preference for one parent, but the court has concerns about whether that preference truly serves their best interests. A Guardian Ad Litem evaluates the situation independently, offering recommendations to the court and working toward solutions that balance the needs of the child with the positions of both parents.

Ultimately, whether custody is sole or joint, the court’s primary focus remains on what arrangement best serves the child’s well-being and stability.

DM Cantor’s Family Law Practice (currently known as Cantor Law Group) Can Help

If you or someone you know needs to modify a divorce ruling—particularly when it involves a change in a child’s living situation—navigating the process without legal guidance can be risky. DM Cantor’s Family Law Practice (currently known as Cantor Law Group) is experienced in all aspects of post-judgment enforcement and modification and can ensure the court fully considers the information supporting your position.