The monthly child support payment you make feels impossible, or maybe you’ve had a significant change in your life that makes the current arrangement unfair. You are not alone in feeling this way. Life changes, and what seemed fair in the past can become more difficult over time.

The good news is that Arizona law understands this, and you have options. You can request a modification to your child support order. It may feel like a daunting process, but help is available, and you do not have to face it by yourself.

At Blake & Pulsifer, PLC, our Tempe child support lawyers understand that life changes. Yet changing child support is difficult without having someone on your side who can fight for you. Give us a call at 480-838-3000.

When Life Changes, So Can Child Support

Arizona courts base child support orders on the incomes of both parents and the amount of time each parent spends with the children. When circumstances change significantly, the original order might no longer make sense. The law allows for modifications to ensure the support amount remains fair and meets the children’s needs. This isn’t about avoiding your responsibility; it’s about making sure your obligations match your current reality.

A child support order can be changed if there has been a “substantial and continuing change in circumstances” since the last order was put in place. This legal phrase simply means a meaningful and lasting shift in relevant factors.

Here are some common situations that can justify a request for modification:

  • Changes in Income: If either parent experiences a significant and lasting change in income, this is a common reason to seek a modification. This includes job loss, a new job with different pay, or a change in work hours. Temporary layoffs or short-term income fluctuations usually do not qualify. The change needs to be “continuing.”
  • Changes in Parenting Time: If the amount of time the children spend with each parent changes significantly, this can impact child support. The child support guidelines in Arizona consider the number of overnight stays with each parent.
  • Changes in Childcare or Healthcare Costs: Sometimes the cost of health insurance or childcare changes considerably from when you first established child support. Your child might need to start daycare or health premiums might have skyrocketed. If that’s the case, you can ask for a modification.
  • A Child’s Needs Change: If a child develops a serious medical condition, requires special education, or has other increased needs that result in additional costs, the support order might need adjustment.
  • New Children: If a parent has another child from a new relationship, this can affect their ability to pay the existing child support order.
  • Parental Incarceration: If a paying parent becomes incarcerated, their income and ability to provide support will be severely impacted.

It’s important to know that generally, if applying the current child support guidelines would result in a child support amount that is 15% different from the existing order, this is considered sufficient evidence of a “substantial and continuing change in circumstances.” However, even if the change is less than 15%, a judge can still consider a modification based on the specific facts of your case.

Taking the First Step: How to Request a Modification

When you seek to modify an existing child support agreement in Arizona, you must file a petition with the court. You can’t just stop paying support and you can’t just enter into a verbal agreement with the other parent. Even if both parents agree to a change, any agreement about child support changes needs a judge’s approval and signature to become legally binding.

Here’s a general overview of the process:

  1. Gather Your Information: You should collect as much detailed financial information for yourself and, if possible, for the other parent. This includes recent pay stubs, W-2s, tax returns, and records of any childcare or healthcare expenses.
  2. Complete the Petition: You will need to draft a “Petition to Modify Child Support Order” and an “Affidavit of Financial Information.” These forms require you to explain the “substantial and continuing change in circumstances” that justifies your request and to provide your financial details. You will also attach a copy of the child support worksheet from your existing order.
  3. File the Documents: You will file the completed forms with the Clerk of the Superior Court in the county where your child resides or where the original order was entered.
  4. Serve the Other Parent: After filing, you must formally notify the other parent of your request by “serving” them with copies of the filed documents. This makes sure that they are aware of the legal action and have an opportunity to respond.
  5. Attend a Hearing: The court will likely schedule a hearing. Both parents will present their evidence and explain why the child support amount should be changed or not. If you and the other parent agree on the modification, you can submit a different agreement to the court for approval, which might avoid a formal hearing.
  6. Court Decision: The judge will review all the evidence and determine if a modification is warranted. If it is, a new child support order will be issued. The new amount typically takes effect on the first day of the month following notice of the petition for modification, unless the court orders a different effective date for good cause.

If all of that sounded tedious and overwhelming, you’re not alone. It’s natural to feel overwhelmed by the legal process, especially when you’re already dealing with financial strain or changes in your family life. That’s why hiring an experienced Arizona child support lawyer is so important. They’ll help you through this process, gather the documents you need, and make sure everything is submitted correctly. With a law firm in your corner, you can rest easier knowing it’s being done right.

Contact Our Arizona Child Support Attorneys

If you are paying too much child support in Arizona or your financial situation has changed dramatically, you have the right to seek a modification. Take action now.

Talking with someone who understands this process can help you clarify your options and navigate the steps. We are here to listen, answer your questions, and guide you through requesting a modification in Arizona.

To discuss your child support concerns, call Blake & Pulsifer today at 480-838-3000 or fill out our confidential contact form.