You will need to file a request for modification out of the courthouse where the child support order originated. If your spouse doesn’t agree to your proposed modified payment amount, both of you will appear at a hearing before a judge. The judge will hear both sides of the story and look at proof of income and expenses to decide if a modification would be appropriate.
Even if you and the other parent agree to a modified amount, you will have to appear before a judge who will enter the order. The judge is looking out for the best interests of the child, and may refuse to decrease support without good cause. You will need to go to court unless you have a Cost of Living Adjustment (COLA) clause in your support order, which automatically increases payment with a standard like the Consumer Price Index.
You can request a child support modification for no cause once every three years. If you have a substantial and continuing change in circumstances, you can request a modification once per year. These waiting periods vary by state, and you will need to use the laws of the state out of which the support was ordered.
The standard is a “substantial and continuing change in circumstances.” Substantial means the change will bring a significant impact on the parent’s income. Continuing means that the circumstance will be present for a significant amount of time.
Child support can’t be retroactively modified- once it’s due, it’s due. Support payments can only be modified going forward. That is why if you think your support payments are unfair, you should request a modification as soon as possible. Failure to pay your child support in full can result in severe debt collection efforts, like wage garnishments of up to 60%. There can be other serious consequences, like having your driver’s license suspended.
Starting around 2008, child support laws began to change to allow for modification based on the birth of a subsequent child. The court will consider the best interests of both children, and may order slightly lower support to a parent who has a new child to support.
The judge will likely rule that voluntarily quitting a job isn’t sufficient reason to modify a support order. Unlike being laid off, the parent has the option to continue working and paying support but simply wants to avoid doing so. The parent will continue accruing support arrears at the current rate, and at the same rate for at least 1 more year if the request is denied- and now that parent won’t have a job.
You should request a modification of child support and have your proof of income as evidence of the need for modification. Support will probably need to be adjusted anyway if you have any custody of your child. You will have additional protections under the Service members Civil Relief Act, so you should seek out an attorney with relevant experience to proceed with a modification.
A temporary modification of support may be ordered if a situation won’t be permanent. Such examples include one parent being laid off from their job, the child having a serious medical emergency, or an emergency change in custody- e.g., one parent is in a bad accident and has to stay at the hospital.
Yes. You will both have to appear before the judge to argue who should get to claim the kids on taxes. Be careful because you could be ordered to pay more support, and you will be ineligible to request another modification for at least one year.
It isn’t unheard of for a parent to request a modification of child support and end up paying more than before. You should speak with an experienced family law attorney before proceeding with a child support modification.
A modification of support attorney from My Arizona Lawyers helps you understand your rights in a family law modification. Be it child support, parenting time, or custody our Arizona family law team advises clients needing a family law modification.
Arizona Modification of Support Attorneys
Our Arizona modification of support lawyers from My Arizona Lawyers advises clients in child support modifications, spousal support modifications, and child support determinations. Child support in Arizona calculates by taking each parent’s income, household income of each party, and other pertinent circumstances.
If you’re looking to adjust your child support order, the Arizona family law team at My Arizona Lawyers puts you on the right path. We assist in the process of requesting a modification in child support, parenting time, or spousal support. Our family lawyers know the best ways to achieve a successful modification. Contact our team today and protect your assets.
Modifications either have to be an increase or decrease in what you are paying. Additionally, you can also modify the time that you have custody, depending upon your situation. Regardless, for a successful modification, prove to the court a substantial change in circumstances. In Arizona family law court there must be warrant to grant modifications whether permanent or temporary.
Common Reasons for Modifying Support Include:
If there is a substantial cost of living increase.
Especially relevant is an increase (usually 10% or more) in the paying parent’s income.
Equally important is a decrease (usually 10% or more) in the paying parent’s income.
Also, if either party gets remarried.
The needs of the child substantially increase leading to additional medical, educational, or age-related expenses.
Hardship by either party. Be it: Disability, illness, or another financial burden.
Equally important is if the custodial parent loses a job.
One of the parent’s legal responsibility to support the other person changes significantly.
Also, if one of the parent’s does something substantial against the law or egregious towards the safety of the child.
In Arizona, once a party has received a child support order from the Arizona Family Court, the order may be modified but only if certain conditions in the case are met. Generally, a party files a Petition to Modify with the court and requests the change in child or spousal support.
My Arizona Lawyers provides free consultations for parties interested in modification of support issues. If you have questions or issues regarding the modification of support or family court orders, we would be happy to answer your questions and advise you. Call our experienced Arizona family attorneys today.