What Are Some Reasons I May Need to Modify My Child Support?
When you first get divorced, and children are involved, child support payments are one of the critical issues you must decide upon. However, life constantly changes over time, and parts of your divorce decree must be altered to keep up with these changing life events.
When the original agreement you made on child support no longer makes sense, it can be changed, but specific rules and regulations must be followed to make these changes legally.
Of course, child support arrangements must be made when you and your spouse are divorced, but the amount of support and who pays it is based on many factors, such as both of your incomes, which primarily care for the children, their expenses, and more.
Therefore, when financial (or other conditions) change, child support may have to be modified to reflect your current financial situation or personal circumstances.
Just a few of the life changes that may trigger a need for modification of child support payments are;
- Increased or decreased income of either you or your ex-spouse or partner.
- The loss or being laid off from your current job.
- Changes in your health insurance coverage.
- If you or your ex-spouse have been disabled or been in an accident.
- If one of you is incarcerated or suffered other significant life changes, and many more.
- If you have other children after the original amount of child support was established.
If changes occur in either of your lives, you or your ex-spouse can request that the correct child support amount be modified. Also, it does not matter which of you is the custodial parent at the time of the request. It also holds that you can request child support modification after three years if no drastic changes to your life have occurred.
If conditions arise that force you to seek child support modification in less than three years, a request for modification can be made if the new child support amount needed is fifteen percent higher or lower than the original amount.
Modifying child support in Arizona can be legally complex, as can the reasons for instigating this change. You must note that there is no guarantee that the court will accept your modification. However, your chances of success are significantly higher with the professional guidance and help of a skilled Arizona child support lawyer. This is particularly true with self employed persons.
What Do I Need To Do If I Must File For a Change In Child Support Payments?
It’s vital to note that the legal process for changing your child support payments can be legally complex, and if you wish to succeed, you should never attempt to take this action alone.
There are two ways parents can request to have their child support arrangements modified:
You must first consult with your experienced and thorough child support lawyer and clearly define why and for what reasons you need to have the modification made. After your lawyer makes your case clear, you can decide what is required and how to present the changes to the judge in your case.
Your changes and the proof needed will fully explain to the court how your life and financial situation has changed.
After correctly and professionally filing your documents with the court, It may take up to 180 days to have your request reviewed. The Arizona courts will verify the financial changes since your arrangement was created and use the final information to decide what will be done.
To file for a child support modification request, you and your lawyer must include at least four documents:
- A fully executed request for child support modification review.
- A comprehensive affidavit of all your financial information.
- A legal agreement to accept service by mail.
- A fully completed request for modification checklist.
- If you are self-employed many more documents may be required.
These are the most common documents needed, but there may be more. All documents and information required must be presented professionally and correctly; if not, your case will not move forward and will only delay the entire process. This is one of the main reasons that the help of a professional, diligent, and thorough help of an Arizona child support lawyer is mandatory.
Are There Ways to Expedite the Modification of the Child Support Process?
Discuss this with your lawyer, but there may be ways to simplify this process; life doesn’t wait, and, at times, change is needed rapidly.
If the new support payment amount instigates a change of at least 15%, then the simplified approach to modifying child support may be a viable option.
A petition for child support modification must still be filed in this process, and usually, a hearing will be scheduled as soon as possible if warranted. However, this simplified process has durations and deadlines that must be met but will vary according to the circumstances involved, such as where you and your ex-spouse live and whether an objection to the proposed change is filed.
Depending on your unique circumstances, the court may need other items. Still, your child support lawyer will help ensure all is expedited and all necessary documents are included.
No matter what method you and your lawyer choose to submit your child support modification, it still must be done following the Arizona Child Support Guidelines. Therefore, Obtaining qualified and knowledgeable professional help is always prudent to ensure these rules are followed.
My Child Is Nearing Eighteen, Must I File To Halt Child Support Payments?
This is often an overlooked question, but the simple answer is yes, you still must file to stop child payments when your child reaches the age of majority.
Usually, child support orders cover more than one child, so if one reaches the age of majority or is otherwise no longer covered as a “child” under the current order, a court-ordered modification is still required to reduce or halt the payments.
Simply put, you must use the same procedure as any other request for modification if any of your children turn 18 (or other conditions arise). This process does not happen “automatically,” and you could suffer legal repercussions if this is not done correctly. The court must still be involved, and an order for a reduction will be made based on the information provided by you and your lawyer.
I Need To Modify My Child Support Payments; How Should I Proceed?
You begin to see that the legal process you must follow to modify any child support order correctly is complex and challenging to navigate alone.
Your skilled, empathetic, and experienced Arizona child support layer will work tirelessly to correctly file all necessary documents, expedite the process, and fight for your case every step.
The child support lawyers at The Sampair Group have a long and winning history of fighting for their clients on child support and a myriad of other child custody issues. They know how to present your case effectively and help to ensure you get what you need.
Call them today at (602) 975-3361 for a consultation on your unique case. Put your mind at ease, knowing you are in the best legal hands possible to win your case.