Can spousal support payments be increased if the cost of living increases?

In Arizona, spousal support payments can be modified if there is a significant change in circumstances. Depending on the agreement between the parties, this could include an increase in the cost of living. The court must assess all factors relevant to the change in support payments, including the needs of the recipient, the paying spouse’s ability to pay, and the current standard of living. The court will look at the amount of the original spousal support order and compare it with the new circumstances, including the cost of living increases. If there is a sufficient difference between the original amount and the changed circumstances, then the court may modify the spousal support payments. In order for the court to consider an increase in payment, the paying spouse may need to provide proof that the changed circumstances affect their ability to pay. To ensure the amount of spousal support payments is fair, the court considers the income of both parties. It also looks at the length of the marriage and the lifestyle the couple enjoyed while married. The court may also consider the recipient’s need for education, health care, and other necessities. In general, the court considers an increase in the cost of living as a basis for modifying the spousal support payment if the change in circumstances has a significant effect on the paying spouse’s ability to pay. To ensure the amount of support is fair, both parties must provide evidence of the cost of living increase, as well as other pertinent factors.

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