The well-being of a child in an Arizona divorce or legal separation often depends on ongoing emotional and financial support. As such, child support orders help protect the child by requiring parents to honor their financial obligations. In case of changes in life circumstances, you may need to modify these orders. In this article, we break down how to modify child support in Arizona.
What is Child Support Modification?
A child support modification refers to a review of an existing child support court order. The modification can be an upward change in the child support award. It may also be a downward change in the child support award. Depending on the reasons, the modification can result in no change at all. Some of the reasons you can request a child support modification include:
- Changes in medical insurance coverage, including the cost or the party providing it.
- When the court order is more than three years old.
- A substantial and continuing change in circumstances, like a change in custody or income.
How to Modify Child Support in Arizona
Here is the step-by-step process of requesting a child support modification in Arizona:
Step 1: Evaluate Eligibility
Before taking any action, you first need to evaluate if your situation meets the criteria of a substantial and continuing change in circumstances. Arizona law requires that a change must significantly affect either parent’s finances or the needs of the child. For this requirement to be met, the change must be expected to last for a significant period.
Step 2: Gather Necessary Documents
Once you have determined that you meet the change requirement, collect relevant documentation for your modification request. This may include documents such as pay stubs, medical bills, tax returns, or proof of custody changes. These documents are necessary to support your claims of substantial and continuing changes.
Step 3: File for Modification
With the documents ready, you can now file a petition to modify the child support order with the court. To complete this step successfully, you must submit all required paperwork. You must then formally serve the other parent with the petition.
Step 4: Court Hearing or Mediation
Usually, the court recommends out-of-court mediation for resolving child support modification disputes. In some cases, however, a court hearing may be necessary. For instance, the parents may not agree on the modification request, necessitating a court hearing where both parents argue their case. This includes presenting evidence before the court reaches a resolution.
Step 5: Judge’s Decision
Once all the arguments from both sides have been heard and the evidence examined, the judge will either approve or deny the modification request. After issuing its ruling, the court may issue a new child support order, signifying the end of the case.
Do I Require Legal Help for Child Support Modification?
Although hiring a lawyer is not required to petition for child support modification in Arizona, the process is often complex and can easily end up being lengthy. You may need to navigate complex financial situations in your petition, such as unusual expenses. The modification process is also subject to compliance with Arizona child support laws and deadlines.
Without legal representation or support from an experienced child custody attorney, the process can be stressful and time-consuming. Any disputes between the parents further complicate the process. A skilled and experienced family lawyer will not only guide you through the process but also represent you in court and assist in getting a fair outcome.
Get Expert Legal Support for Your Child Support Modification Case in Arizona
At some point, a child support modification may be necessary in a divorce. Child support modifications help ensure that support orders are fair and reflect the current circumstances of each parent. However, the process can be overwhelming and complex, especially without any legal background. If you are considering modifying your child support orders, get in touch with us today. Our child custody lawyers at Schill Law Group will guide you through the legal complexities and protect your rights to a fair child support order.
