What This Statute Says
Divorce decrees usually contain multiple obligations. One side pays child support or spousal maintenance. The other side allows parenting time on certain days. These provisions are linked in the same document but treated as legally independent.
If a party fails to comply with a provision of a decree or temporary order or injunction, the obligation of the other party to make payments for support or maintenance or to permit parenting time is not suspended, but the other party may petition or request the court to grant an appropriate order.
A.R.S. § 25-326(A)If one parent stops paying support, the other parent cannot withhold parenting time. If one parent denies parenting time, the other cannot stop paying support. Each obligation continues. The remedy is a petition to the court.
When This Statute Comes Into Play
This rule shows up in two estate-planning contexts:
- A divorced parent dies with arrears on support or maintenance, and the surviving ex-spouse files a claim against the estate.
- A surviving ex-spouse needs to enforce the decree against the deceased's personal representative, who manages the estate.
In both cases, missed payments before death survive as a debt of the estate. The personal representative cannot reduce the debt by pointing to past disputes over parenting time or other decree provisions.
The Required Form for Enforcement
Subsection B requires petitions to use a court-prescribed form, available from the clerk of the superior court. A party may use a substantially similar document. This keeps the process consistent across counties.
What This Means for Arizona Families
Divorce changes the shape of an estate plan, often in ways that do not fully play out for years. This statute matters when an ex-spouse dies and an old decree is still active. Past-due support, maintenance arrears, and equalization payments can all become claims against the estate.
If your former spouse has passed away and you are owed money under a decree, do not assume the obligation died with them. The decree's provisions stand on their own. The arrears continue as a debt of the estate, payable through the probate process.
If you are the personal representative of an estate where the decedent had an open divorce decree, identify those obligations early. Get a copy of the decree. Calculate any arrears. Pay them through proper probate channels. Our FAQ on preventing family conflict over an estate covers related ground. A clean handling of decree obligations protects the estate from later claims and preserves the relationships among the children of both marriages.