Are you or the other parent under child support orders? Has it been more than a year? Has one of you changed jobs? Has your ex remarried? Do you need the help of a child support calculator?
When circumstances have materially changed since the court issued orders in your divorce or separation, it may be time to talk with your family law attorney about seeking to modify child support.
Child Support Guidelines in Arizona
Child support orders come with every family law case involving a child custody determination. To ensure that minor children are provided for when their parents separate. These uniform guidelines hold the key to increases and decreases in the amount of support ordered by the court.
Why Modify Child Support?
Keeping the guidelines in mind, here are five reasons to modify child support:
1. Modification By Agreement. Although the court has the final say, you and the other parent may agree that support is below or above the statutory guideline. With the agreement in hand, be prepared to justify the proposed amount and to show how the increase or decrease will impact the child.
2. Temporary Modification. A change to support orders may be needed when your child’s condition requires medical treatment or surgery not covered by insurance. A drop in either parent’s income may also be the reason to seek temporary orders.
3. Child’s Special Needs. Children with special needs may place a financial hardship on the custodial parent beyond what was anticipated at the time of the original child support orders.
4. Parent’s Job Loss. Either parent may become unemployed, disabled, injured, or underemployed. Quite often a job loss is beyond one’s control and may be permanent or temporary. Filing a petition to modify child support can help the obligor-parent avoid excessive arrears because, in general, modifications to support orders are not retroactive. The recipient-parent whose income has fallen off a financial cliff may ask the court for a greater contribution from the other parent to help manage child-related expenses.
5. Parent Remarries. Remarriage often increases the income flowing into the newly-wedded parent’s household. This may warrant a reduction in the obligor parent's contribution or an increase in the recipient parent's contribution. Remarriage may blend families, too, adding more mouths to feed and, perhaps, the need for more bedrooms and a larger home.
Any substantial, material and continuing change in financial circumstances forming the basis of a request to modify child support orders will need to be supported by relevant evidence. Typically, a modification petition is followed by a hearing, allowing both parents their day in court.
Jennifer Mihalovich is a family law and child support and custody attorney in Chandler, Arizona. Stewart Law Group has offices throughout Arizona. The firm has helped many clients navigate the legal complexities of divorce, child custody, spousal support, property division, parental visitation, and child relocation disputes.
