Child support orders often stay the same for years until circumstances change drastically. A parent’s income can rise or fall while the child’s needs continue to grow. Arizona law allows child support modification, but only through a formal legal process and not verbal agreements.
Understanding filing paths
There are two processes when filing for a child support modification. Their differences include:
- Simplified process: This is the path for petitions that only involve financial modification. It is only for changes that are at least a 15% increase or decrease from the current order.
- Standard process: This path is for petitions that involve custody changes, disability or if the change is less than 15% but still “substantial and continuing.” This process requires an Affidavit of Financial Information (AFI).
The steps for filing are the same for both paths, except where noted otherwise:
Step 1: Calculate the new amount
Parents need to use Arizona’s official Child Support Calculator to create a Child Support Worksheet. This determines whether they qualify for the Simplified or the Standard Process.
Step 2: Gather documents
Parents need to print the Child Support Worksheet, their last 3 pay stubs and most recent tax returns. If they are using the Standard Process, they need to complete the AFI and collect any extra expense documentation. This may include anything from childcare to medical bills.
Step 3: File the petition
Parents need to submit the Petition to Modify (and Proposed Child Support Order) to the Clerk of Superior Court and pay the fee. It is important for parents to note that the court will only change the amount from the date of filing and upon serving. This means any amount owed prior will still follow previous orders.
Step 4: Serve the other parent
A parent may serve via a process server, Sheriff or certified mail with return receipt. They then have to file the Affidavit of Service with the court before the judge can make a decision.
Step 5: Wait for a response
The response is due 20 days after filing in Arizona (30 days out-of-state). If both parties agree, they submit a consent agreement to the judge. If they do not, they need to attend a hearing where they need to present more documentation and evidence.
Step 6: Receive the final order
The modification is official once the judge signs the Order to Modify Child Support (and Order of Assignment if wage will be withheld).
Both parties will now adhere to the updated terms and conditions to prevent any confusion.
Legal guidance to streamline the process
Child support modification can be overwhelming. Fortunately there are family law attorneys who can handle the process from start to finish and prevent costly mistakes. This is one of the ways that parents can protect both their rights and their child’s financial security over time.
