Arizona Child Support Modification

One thing to expect in life is the unexpected. Significant changes can affect many aspects of your day-to-day existence, including your ability to provide for your children. Your responsibility to financially support your minor children doesn't vanish, though. The amount of child support you're either paying or receiving may seem like too much or too little. Is there anything you can do about it?

The state of Arizona understands that situations change and that child support amounts aren't set in stone. The Arizona child support guidelines determine if modifications to the existing child support order are justified. This article will examine the guidelines for modification, describe the required conditions, and walk you through the available processes.

Child support payments must meet the best interests of the child, and the parents' financial burden must also be considered.

Arizona Child Support Modification: Background

While there's a good chance you might already know a little about child support orders, a little review can't hurt. Child support is required when the child's birth parents aren't raising them together in a single household. It's to ensure the parents provide the child's necessities.

Title IV-D of the Social Security Act of 1975 required each state to create a child support program. Arizona's child support guidelines use an income shares model to determine child support obligations. The monthly incomes of both parents combine to replicate the amount of income present if they were in a two-parent household.

Figuring out the finances in child support orders is often confusing. Parenting time, spousal maintenance, and other child support obligations may affect child support payments. FindLaw's Arizona Child Support Calculations article breaks down the process for easier understanding.

The Division of Child Support Services (DCSS) of the Arizona Department of Economic Security handles just about all aspects of child support in Arizona. This includes collecting payments, distributing child support, enforcing orders in arrears, and offering services for custodial and noncustodial parents. They also share child support modifications with the Arizona courts.

Arizona Child Support Modification: Acceptable Reasons for Modification

Child support orders aren't available for modification just because one parent thinks the payment is too much or too little. Neither DCSS nor the Arizona Superior Court will approve a modification without proper justification.

Either parent can make a child support modification request through DCSS or file a petition with an Arizona Superior Court. Both expect proof of a substantial and continuing change of circumstances that has somehow affected the child support payment. Events that might qualify include:

• New child support payments to another birth parent
• Change to or start of alimony payments
• Addition of a child not under the child support order to either household through marriage or adoption or addition of dependents
• Serious illness of either parent
• Significant change in parenting time or child custody arrangement
• Extraordinary medical expenses for the child
• Increased health insurance premiums or insurance coverage costs for the child
• New educational expenses for the child
• Non-voluntary loss of employment for either parent (quitting a job without good cause or not making an active effort to search for new employment does not reset to a lower income)
• Payments take the parent below the self-support reserve
• Incarceration of either parent
• Significant increase or decrease in the cost of childcare

The state of Arizona considers a change of at least 15% between the payments of the existing order and payments derived from current financial data through the guidelines to justify modification. The DCSS will file a petition in Superior Court for approved modifications. Modified payments take effect during the next pay period.

Child support orders are also available for review by the DCSS once every three years. Either parent can request this, and it's not subject to having substantial and continuing changed circumstances. The DCSS will make the required adjustments and file them with the court for approval. Arizona reviews the child support guidelines every four years to ensure they're still effective.

Arizona Child Support Modification: How To File for Modification of Child Support

As mentioned, two ways exist to apply for a modification to child support orders. Let's examine how each works.

Modification Through the DCSS

Filing for a child support modification through the DCSS is straightforward. While you're not required to hire an attorney to help with the filing, you always have the right to do so.

You can download the Arizona Child Support Modification Packet (CSE-1178A) from the DCSS site or pick it up at a local DCSS office. You must fill out four forms for your application. They are:

• Modification Review Notice (CSE-1170A)
• Affidavit of Financial Information (CSE-1171A)
• Agreement To Accept Service by Mail (CSE-1167A)
• Modification Checklist (CSE-1172A)

An updated Arizona Child Support Worksheet (which varies by county) can make this process much easier. Drop off the completed packet with supporting documentation at a local DCSS office or mail it to:

Modification Packet
Division of Child Support Services
PO Box 40458
Phoenix, AZ 85067

The other birth parent gets a notification of your application. The DCSS will review your application and either approve or decline it. There must be a court order before a modification can take effect. Processing depends on the response time of the parents and the court schedule. Approvals should happen in under six months.

Modification Through the Arizona Court System

Requesting a modification through the courts is the "simplified process" in Arizona. Either parent can fill out the Petition to Modify Child Support (Simplified Process). You can get help with the simplified procedure through the Instructions To Complete a Petition To Modify a Child Support Order (Simplified Process).

As with the DCSS method, having a completed Child Support Worksheet is a big help. Once you finish the petition, you file it in Superior Court. The court will schedule a court hearing, and the parent who filed must justify the modifications.

Arizona doesn't allow retroactive child support. If you feel overwhelmed at any point during the child support modification process, speaking with a child support attorney is a good idea.

Summary of Arizona Child Support Modification

Big changes can affect child support in many ways. The table below recaps what you've learned for easy reference.

Disclaimer: Arizona state laws change through higher court rulings, the passage of new legislation, ballot initiatives, and other means. While we strive to provide the most up-to-date information possible, consult a family law attorney to confirm the current state laws.

Arizona Child Support Modification: More Resources

• Arizona Child Support Payments
• Arizona Child Support Calculations
• Arizona Child Support Guidelines
• Arizona Child Support Services
• Arizona Courts Locator

Problems With Arizona Child Support Modification? Talk With an Attorney

Your current child support payments should be in sync with your financial status. Whether you're the paying parent or not, having a manageable total amount of child support matters. If there are issues with a child support modification in Mesa, Scottsdale, or anywhere in Arizona, a child support attorney can help. Put their expertise in Arizona law to work for you.