How Can You Modify A Child Support Order in Arizona?
Modifying A Child Support Order in Arizona
There are two methods a parent may use in Arizona to change an existing child support order. Specifically, a parent may use either the standard procedure or the simplified procedure for modifying child support in Arizona. The Arizona Court of Appeals in the Beck v. Jaeger case, however, discussed the requirement of a parent showing that a substantial and continuing change in circumstances has occurred since the entry of the prior child support order.
The “Standard Procedure” may be used if either parent or the state child support agency can demonstrate the existence of a “substantial and continuing” change in circumstances since the last child support order was made. The process begins with the filing of a Petition to modify child support and requires a hearing to be scheduled to recalculate child support.
The “Simplified Procedure” can be used if the amount would increase or decrease by 15% from the current child support amount. A change of 15% is assumed to be proof that the modification is “substantial and continuing.”
The Simplified Procedure is accomplished by filing a Simplified Petition for Modification of Child Support and results in the issuance of an automatic order modifying child support if the other party fails to file an objection and request a hearing within the time specified in the rules.
Some child support modifications occur as an operation of law. Specifically, the Arizona Court of Appeals held in the Heidbreder v. Heidbreder case that a trial court is required as a matter of law to evaluate a modification of child support whenever the court modifies child custody or parenting time orders even if neither party requested a change in the child support amount.
Contact Our Scottsdale Arizona Child Support Attorneys
Contact us today or call us at (480)947-4339 to schedule your consultation with our Arizona Child Support Attorney regarding child support laws in Phoenix and Scottsdale Arizona or any other Arizona family law matter.