My spousal support states that it is not modifiable at any time. Is that true?
This term was entered by agreement, correct? A contested spousal maintenance award is not permitted to have non modifiability language.
Non modifiability language is enforceable in Arizona. Thus, if you agreed to that term voluntarily, then I am not confident that I would be able to assist you in having the amount or term be modifiable.
There typically are two aspects I would be discussing with you at this time.
FIRST is to approach the opposing party and try to work something out. Most often that means to pay a lesser amount for a longer period of time.
SECOND is to put you in the best position to avoid contempt charges. One element of a contempt petition is that you are intentionally not complying with the court order. If we are able to show that you are NOT ABLE to comply with the court order, then you cannot be found in contempt. You still owe the amounts, plus interest, but would not be subject to a contempt finding.
Please call my office soon. We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.
One of our attorneys can explain the issues and procedures better via video or phone consultation. As you can imagine, there is too much to cover via email. We offer free ½ hour consultations, in which we can discuss your matter in detail.
Please call or email Emily in our office to schedule your free ½ hour consultation.