The monthly amount of child support the court initially ordered you to pay (if you are the noncustodial parent) or receive (if you are the custodial parent) may have been appropriate at the time the court ordered it, but as we all know, circumstances change. People lose jobs, find new jobs, obtain health insurance, lose health insurance, parenting time changes, children grow up. . . the list of life events that can create the need to modify (change) your child support goes on and on. Here are some things to consider if you want to modify your child support order.
Who can ask the court to modify your child support order?
Under Arizona law, either parent or the Division of Child Support Services (the Arizona agency that administers the State’s child support program pursuant to Part D of Title IV of the federal Social Security Act) can ask the court to modify your child support order.
When Can You Ask the Court to Modify Your Child Support Order?
You can ask the court to modify your child support order “upon a showing of a substantial and continuing change of circumstances.” A.R.S. §§ 25-327, 25-503. If you apply Arizona’s official Child Support Guidelines and the result is at least a 15% difference in the amount of your current order, it is considered evidence of a substantial and continuing change of circumstances.
The court may also consider the addition of or other change in the availability of health insurance coverage a continuing and substantial change in circumstances.
How Will I Know if I Might Be Entitled to Additional Child Support?
Generally, you must exchange financial information with your child’s other parent every two years. This includes items such as tax returns, earnings statements and financial affidavits. This information should help you determine whether it is time to ask the court for a child support modification.
Can you retroactively modify your child support order?
No. Modifications of child support become effective the first day of the month following notice of your modification petition unless the court, for good cause shown, orders the change effective at a different date. Pursuant to Arizona law, however, effective date can be no earlier than the date you file your petition for modification.
Because modifications are not retroactive, if you are finding it hard to pay your monthly support obligation or are struggling to make ends meet with your current support amount because of a recent job loss or other changed circumstance, please DO NOT WAIT to seek relief from the court.
It is easy to put off asking the court to modify your child support order when you are busy with the responsibilities of daily life. We at The Carroll Law Firm can help you with the process and will do everything we can to ensure your child support order reflects your current financial situation. Please call us today at (623) 551-9366. We look forward to hearing from you.
