In an Arizona divorce or legal separation, a child’s well-being often depends on ongoing financial and emotional support. Child support orders help protect the child by requiring parents to honor their financial obligations. However, changing life circumstances may require the modification of these orders.
From a child’s changing needs to a parent losing their job, various situations may require modifying child support orders. Arizona law recommends a review of the child support orders every three years but either parent can request a modification at any time. But, a request does not mean automatic modification of child support orders.
As a divorced parent, it is critical to understand when and how to modify child support orders, including the legal process. While the modification process can be legally complex, a skilled family law attorney can help you navigate it. They can also help you get a fair court outcome.
Understanding Child Support Orders in Arizona
The family court often establishes a child support order as part of the divorce proceedings. The court order requires the non-custodial parent to pay a set monthly amount of money for their child’s upkeep. Sometimes the order requires both parents to pay child support, especially where the child is in foster care or the care of a guardian.
The objective of the child support order is to give a child financial stability while balancing the responsibilities of both parents. The court establishes these orders based on several factors, including both parents’ incomes, the amount of parenting time each parent has, and the child’s specific needs.
However, either of the parents can request an adjustment to the child support order to reflect changes in life circumstances. But, not all life changes qualify for child support order modifications. The person requesting modification needs to provide valid reasons for modifications. There must also be a substantial change in circumstances for the court to consider modification.
Reasons for Child Support Modifications
Some of the common reasons under which the court can order child support modifications include:
- Changes in Financial Circumstances
Increases or decreases in income for the paying parent significantly affect their ability to pay child support. Similar changes for the custodial or receiving parent can also affect the amount they are entitled to receive. A job loss or starting a new job by either parent also impacts their child support obligations.
- Changes in Parenting Time
A change in custody or parenting time can affect child support obligations. For instance, adjustments that allow a parent to spend significantly more time with the child can reduce their financial obligation.
- Changes in the Child’s Needs
A modification may be necessary where the specific needs of a child change, including additional educational or medical expenses. The changes may also be age-related, including children requiring more or less financial support as their needs change with age.
- Other Valid Reasons
Besides changes in financial circumstances, parenting time, or the needs of the child, other reasons can also cause child support order modifications. For instance, disability or serious health issues affecting a parent’s earning capacity can warrant child support modification.
The imprisonment of either parent is another valid reason. Either or both parents remarrying and or having additional children in the new relationships can also justify a modification request.
The Process of Requesting a Modification
Step 1: Evaluate Eligibility. The first step is evaluating if your situation meets the criteria of substantial and continuing change in circumstances. Under Arizona law, the change must significantly affect either parent’s finances or the needs of the child. The change must also be expected to last for a notable period.
Step 2: Gather Necessary Documents. Collect relevant documentation like pay stubs, tax returns, medical bills, or proof of custody changes. The documents help support your claims of substantial and continuing changes.
Step 3: File for Modification. File a petition to modify the child support order with the court. Submit all the necessary paperwork and formally serve the other parent with the petition.
Step 4: Court Hearing or Mediation. The court often recommends out-of-court mediation to resolve child support modification disputes. However, if the parents cannot agree, there will be a court hearing where both parents argue their case, including presenting evidence.
Step 5: Judge’s Decision. After hearing arguments from both sides and examining evidence, the judge will either approve or deny the modification request. The court can also issue a new child support order if necessary.
When to Seek a Legal Help
Arizona law does not require you to have a lawyer to petition for a child support modification. However, a modification request can be complicated, including the requirement to show a substantial change in circumstances. In some cases, child support modification involves navigating complex financial situations like unusual expenses by one of the parents.
The modification process also requires compliance with Arizona child support laws and deadlines. Disputes between the parents can also complicate the process. Navigating all these challenges can be overwhelming without legal help. However, a skilled and experienced Tucson family law attorney can guide you through the process, represent you in court, and help you get a fair outcome.
Contact a Tucson Child Custody Lawyer
Child support modification helps ensure child support orders are fair and reflect the current circumstances of the parents. However, child support modification can be overwhelming and legally complex. Modification disputes are also likely to end up in the often lengthy court process. If you’re considering a child support modification, it is advisable to seek the help of a knowledgeable child support modification lawyer. If you are in Tucson, AZ, contact our skilled and experienced family law attorney at RPM Law. We will guide you through the legal complexities of child support modification and protect your rights to a fair child support order. Contact us today for a free consultation and to learn more about our services.
