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Thursday, 09 February 2017 10:10

Arizona Child Support Modification

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What changes in circumstances affect the child support calculation in Arizona?  In Arizona, the family court can modify child support orders when a party shows a substantial and continuing change in circumstances.  The changes that may affect the child support calculation include an increase or involuntary decrease in income, a change in parenting time, a child’s emancipation, the birth of more children, and changes in the cost of medical or dental or vision insurance and day care.
 
When one or more of these factors significantly changes the child support calculation, it may be time to file a petition to modify child support.  Parents should not procrastinate if they decide to modify child support because the court will not modify the amount back to the date the change occurred.  The court can only modify the amount back to the date of service upon the other party.
 
You may use the simplified process when your petition shows a change in child support of at least 15%.  To file for a simplified modification of child support, you file a petition, child support worksheet, and a proposed order for the court to sign.  You also pay a fee to the court.  After you file, you serve your petition, child support worksheet, and proposed order on the other parent.  The other parent must then request a hearing or the court will enter your order.
 
To file a regular modification of child support, you file your petition, child support worksheet, and affidavit of financial information, along with a blank order to appear.  You also pay the court’s fee.  Once the court issues its order to appear, you serve the petition, child support worksheet, affidavit of financial information, order to appear, and a blank affidavit of financial information on the other parent.
 
At the hearing, you should have all of your documents in order and have copies to submit into evidence.  The key to child support modification is to not delay filing and to have evidence to prove everything you tell the court.
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