Many Arizona couples who divorce do so when their children are young, which means that parents may pay child support for well over a decade. That’s a long time, and many things are likely to change between the time child support is first awarded and the date the last payment is due. When can Arizona child support be modified, and what is the process for getting a modification?
When can Arizona Child Support be changed?
In Arizona, any order for child support may be modified when there is a showing of changed circumstances that are substantial and continuing, except as to any amount that may have accrued as an arrearage before the date of notice of the motion or request for orders to modify or terminate child support. The addition of health insurance coverage as defined in Arizona Revised Statutes section 25-531 or a change in the availability of health insurance coverage may constitute a continuing and substantial change in circumstances.
There are two methods available to a parent who seeks a modification to a support order: the standard procedure and the simplified procedure.
Under the standard modification procedure, a “substantial and continuing change of circumstances” since the last child support order was made allows either parent (or government agency) to seek modification of a support order by filing a request with the family court. This request must be supported by sufficient evidence of such change in circumstances.
Under the simplified modification procedure, if current income calculations under the guidelines result in a 15% change from the existing court order, that’s evidence of a “substantial and continuing change.”
Child support orders may cover one or more children. When a child reaches the age of majority or is otherwise no longer covered as a “child” under the order, then a court-ordered modification is still required before the total amount is reduced.
What do I have to do to ask for a modification of child support?
The of hiring an attorney for a child support modification is likely much less than the increased child support you may end up paying over time (or the reduction in child support you would receive) without an attorney’s help—especially if the other parent is represented.
For the standard modification procedure, the process begins with the filing of a “Petition to Modify Child Support” and requires a hearing to be scheduled to recalculate child support.
For the simplified modification procedure, the process begins with the filing of a “Simplified Petition for Modification of Child Support” and results in the issuance of an automatic order modifying child support if the other party fails to file an objection and request a hearing within the time specified in the rules.
While it’s possible to represent yourself, it is desirable to have an experienced Arizona family law attorney represent you. Legal matters that touch on both family issues and money, like child support, tend to be very emotional for the parties involved, while what the court needs is certain facts on which to base and justify its decision. A skilled attorney knows what to emphasize, both in filed documents and in court hearings, so that your request for modification will be granted. The of hiring an attorney for a child support modification is likely much less than the increased child support you may end up paying over time (or the reduction in child support you would receive) without an attorney’s help—especially if your ex-spouse is represented.
To learn more about how the attorneys at Shaffer Family Law can help you receive the child support modification you need, contact Shaffer Family Law online or call (480)-386-5362 today to schedule a consultation.