The purpose of child support is to ensure that both parents provide for their children’s financial needs in the event of divorce or separation. The legal theory behind child support is that a child should have access to a share of their parents’ combined incomes regardless of whether they are married and living together or divorced and separated.
However, a child support order can be modified as a family’s needs change. For instance, a parent’s sudden job loss or the birth of a new child could form the basis of a successful petition for to modify child support.
If you believe that your current child support order should be changed, the first step is to find out if you qualify to request a modification. A Scottsdale child support modification lawyer can help you determine if you qualify to adjust your current order and come up with a strategy to secure your proposed changes. You have different factual and legal mechanisms to secure a modification of child support and our Scottsdale attorneys can help.
Modifying child support requires one parent to ask the courts to alter the amount they either pay or receive. An informal agreement between two parents to change their existing child support order is not legally binding in Scottsdale. Only a judge or court has the authority to modify child support in the event of a substantial and continuing change in circumstances, according to Arizona Revised Statutes §25-503. The parents can agree to the change, and as long as it is done correctly, it can be legally binding and the protect both parents.
Income or Job Loss
If you or your children’s other parent has experienced an involuntary loss of income, you may petition a local family court for a new child support order. You may propose an increased or decreased amount, whichever fits your individual circumstances, and the commissioner or judge would decide whether your situation calls for a modification.
The costs associated with raising a child often undergo significant changes as they grow older. A child may, for example, no longer require daycare upon entering kindergarten. As these costs fluctuate and change, a support order may need to be altered to accommodate for that.
The amount of child support that you pay or receive is partly based on how much time your kids spend with both parents. Any changes to a custody agreement or parenting-time arrangement could be grounds for changing a child support order.
It is important to note that any circumstances which would change the child support amount by 15 percent in either direction would be grounds for a modification. A dedicated Scottsdale child support review attorney could help you determine whether your situation meets this threshold before petitioning the court.
Local courts offer a simplified modification process for parents in certain situations. For example, those who experience a significant income change may successfully request alterations through a simplified process. A child support alteration lawyer in Scottsdale could offer substantial insight about this legal path and advise you on best practices as well as any potential challenges.
Contact a Scottsdale Child Support Modification Attorney for More Information
Child support can be modified in Scottsdale as long as there has been a substantial and continuing change in the family’s circumstances. You should reach out to a Scottsdale child support modification lawyer if you want to pursue legally binding changes to the amount you pay or receive.