If you are a parent who is paying or receiving child support in the state of Arizona, it’s important to be aware of what child support modification is and how it can affect you. In this blog post, we will discuss what child support modification is and how to go about getting it if necessary.
If you are currently paying or receiving child support and there has been a change in your circumstances, you may be able to modify the amount of child support that is being paid. To do this, you will need to file a motion with the court that originally issued the child support order. The court will then review the motion and make a determination as to whether or not a modification is warranted.
There are several reasons why a court may choose to modify a child support order. Some of these reasons include:
- The income of either parent has changed significantly since the original order was issued
- The needs of the child have changed (e.g., they now have medical or educational expenses that didn’t exist before)
- One of the parents has remarried and now has additional financial resources
If you are considering filing a motion to modify your child support order, it’s important to speak with an experienced family law attorney who can help you navigate the process.
What Causes Child Support to be Modified?
Child support is determined by factoring in each party’s current or projected income, parenting time, daycare costs, health insurance costs, and occasionally additional costs associated with the care of the child. A party is qualified to ask for a revision of the child support amount if any one of these elements changes significantly. Our Phoenix child support attorneys provide information on the ‘Child Support’ area of our website for a thorough overview of how to determine child support. For instance, absent changes in other circumstances that would offset it, if a parent’s parenting time with the kid increases, then their portion of the total child support amount should reduce; conversely, if it decreases, then their portion of the child support amount should increase.
Some factors that may warrant the child support to change are as follows:
- The parent’s income has changed for the better or worse;
- One parent’s parenting time has changed or reduced;
- The cost of the insurance or the parent who is responsible for paying it has changed;
- The child no longer needs daycare or does so currently;
- A child who is subject to the child support order becomes an adult;
- One of the parents has a new minor child from a new connection, either naturally born or adopted.
10 Steps to Modifying Child Support in Arizona
- Determine if you are eligible to modify child support. In order to modify child support, there must be a “substantial change in circumstances.” This can include a change in income, the addition of another child to the household, or an increase in childcare costs.
- File a Petition to Modify Child Support with the court. This can be done through your attorney or by going to the clerk of the court’s office.
- Serve the other parent with the petition. The other parent must be served with the petition in order for the process to move forward. This can be done by hand-delivery, certified mail, or through a process server.
- Attend the hearing. At the hearing, the judge will hear both sides and make a decision on whether or not to modify child support.
- Follow the court’s order. Once the court makes a decision, it is important to follow its order. This includes making any necessary changes to child support payments.
- Keep records. It is important to keep accurate records of all child support payments made and received. This will come in handy if there are ever any questions or issues down the road.
- Communicate with the other parent. Although child support can be a contentious issue, it is important to try and communicate with the other parent in a respectful manner. This will make the process go much smoother for everyone involved.
- Be flexible. Things change and life happens. If there is a need to modify child support, be open to doing so.
- Seek professional help if necessary. If you are having trouble communicating with the other parent or navigating the legal system, don’t hesitate to seek professional help from an attorney or mediator.
- Stay organized. Throughout the process of modifying child support, it is important to stay organized and keep track of important documents and deadlines. This will make things go much smoother and help avoid any unnecessary stress.
If you find yourself in a situation where you need to modify child support, following these steps will help ensure that the process goes as smoothly as possible.
If you are considering a child support modification in Arizona, please take the time to read through these 10 steps. It is important to understand the process before taking any action. As always, if you have any questions or need legal assistance, please contact an attorney.
Are You Looking for a Family Law Attorney You Can Trust?
The attorneys at GillespieShields are well-versed in a variety of different legal fields, ranging from family law to civil suits, employment disputes and probate cases. Although we specialize in several areas of practice, our greatest passion is family law. We believe in giving families peace of mind no matter their situation, and we fight hard to maintain that peace. Whether you’re filing for dissolution or divorce, determining custody of your children, or thinking about adopting children, our experienced attorneys are here to help you every step of the way. During our private, one-on-one consultation, we’ll take the necessary time to answer and and all of our questions surrounding Arizona’s family laws, your family’s unique situation, and the possible court outcomes. Contact us today for your consultation!
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