What Is a “Continuing” Change?
The Judge has fairly broad discretion as to how to define “continuing.” For example, if a parent is unemployed for only a few weeks, that is not “continuing.” But what if that parent is unemployed for many months through no fault of that parent (for a discussion of fault, see the section below entitled “Voluntary vs. Involuntary”)? If you believe you may have changes to your circumstances, or if the other parent is trying to change child support, you should contact us to help determine if the change is actually “continuing” and would allow the Court to modify the child support amount.
In the Phoenix family court system, Judges will often look at the overall pattern, not just one pay period or a single schedule change. For instance, a seasonal slowdown in hours may not qualify, but a permanent reduction in your industry or a long-term disability usually will. We can help you gather pay records, medical documentation, and other proof that shows the Court that what you are experiencing is not a short-term setback but an ongoing situation that may justify a post-decree modification.
What Is a “Substantial” Change?
Similar to finding what is continuing, the Judge also has fairly broad discretion to determine what is “substantial.” If the change in any factor results in the new child support amount being different than the current child support amount by 15% or more, then the Court should automatically find that the change is “substantial.” For example, if Parent 1 is paying Parent 2 $450.00 a month for child support and Parent 1 then receives a raise in income and that new income results in a child support amount that is greater than $67.50 a month, then that is a “substantial” change. The $67.50 is 15% of 450.00, so any change that is $67.50 or greater in that example should automatically be considered a “significant” change and allow the child support to be modified.
The issue of a 15% change has been misunderstood by some divorce lawyers and even Judges. The 15% has been incorrectly interpreted to be a hurdle or requirement in order to file for any child support modification. It is not a requirement. It merely means that if the change is 15% or greater then the Court shall find that change to be significant.
The confusion arises from the language in paragraph 24 of the Arizona Child Support Guideline that allows a parent to request a modification of child support by using the “Simplified Procedure.” In an effort to make changing child support easier for parents, there is a Simplified Procedure. The Simplified Procedure uses easier forms and is processed through the court in a simpler and faster method than a regular petition to modify. However, in order for the parents to use the Simplified Procedure there must be the finding of the 15% difference.
Unfortunately, that has been misinterpreted to mean that in order to request all child support modifications there needs to be a 15% or greater change. That is wrong, and actually a modification to the child support order can be made even if the change is less than a 15% difference. Again, the significance of the 15% is that it is automatic proof of a “substantial” change and so the request can proceed through the “Simplified Procedure” as opposed to filing a regular petition.
Parents in Maricopa County often ask whether it makes sense to file if they believe the change will be under 15%. The answer depends on the whole picture: the reason for the change, how long it is expected to last, and whether other factors—such as parenting time or health insurance costs—have also shifted. We routinely review clients’ calculations and advise whether a full petition is worth the time and expense, or whether waiting a few more months may strengthen the argument that the change is both substantial and continuing.
Voluntary vs. Involuntary
It is mentioned above that there is a distinction whether the parent becoming unemployed or underemployed was through no fault of that parent. The Court can categorize the reason for the change as being either “voluntary” or “involuntary.” This is an important factor. If the Court finds that the unemployment or underemployment is a voluntary choice of the parent, then the Court has the discretion not to modify the child support. The seminal case on this issue is Little v. Little, 193 Ariz. 518, 975 P.2d 108 (Ariz. 1999). In the Little case, the parent paying the child support voluntarily resigned from the Air Force to go to law school. The parent reasoned that since he was now going to school as a full-time student and no longer in the Air Force that his child support should be lowered to reflect his decreased income. In that case, the Court found the parent’s choice to leave the Air Force was voluntary and that the child support should not be lowered.
The child support obligation for both parents arises from the legal obligation of parents to support their children. Thus, if there is no reasonable reason for a parent to make no income or a lesser income, that decrease in income could be considered voluntary. If the Court finds the decrease in income to be caused by voluntary reasons then the Court has the discretion to deny modifying the child support. Not all modifications caused by a voluntary decrease in income will be denied. Again, the Judges have discretion to make the most appropriate orders for the specific facts of each case. The Judges actually balance many factors such as the reasons for the voluntary decrease with the effect on the other parent and the best interests of the children, among other factors.
Some obvious situations that may qualify as involuntary decreases in income and should allow the Court to modify the child support are: being laid off, the employer implementing mandatory pay cuts, and having to leave a job due to documented health reasons.
Because every family is different and every circumstance is different, the Judges are given discretion to make the most appropriate orders for each specific family at that specific time. Therefore, it is hard to apply a one-size-fits-all approach to family law matters and this is why it is important to contact us to address your specific facts and circumstances in detail.
When we evaluate whether a change is voluntary or involuntary, we look closely at your employment history, education, and any medical or caregiving issues you may be facing. For example, a parent who leaves a lower-paying job for a clearly better opportunity may be treated differently than a parent who quits work without a plan. We help you prepare to explain your decisions to the Court in a way that emphasizes your ongoing commitment to your children and complies with Arizona law on post-decree modifications.
Not sure if you qualify for a child support modification? Contact us online or call (602) 878-3133 for a case review with our Phoenix attorneys.
When Does the New Child Support Become Effective?
The ability of a Court to modify a child support order becomes effective on the first day of the month following notice of the petition for modification (the petition is the document the parent files with the Court to request the modification).
For example, Parent 1 files a petition to modify child support on January 15th. A process server serves the petition on Parent 2 on February 15th. The parents do not get to court for their hearing on the issue until April 4th. In this example, the Judge should order the new child support amount to retroactively begin on March 1st, being the month after Parent 2 received notice.
Timing issues can be critical in the Maricopa County Superior Court, because delays in filing often mean months of overpayment or underpayment that cannot be fixed later. Before starting a modification, we talk with you about when to file, how quickly service can realistically be completed, and what temporary arrangements may make sense while you wait for a hearing. That planning helps ensure that any new orders take effect as soon as the law allows and that you are not surprised by a retroactive obligation you did not anticipate.
What If the Parents Agree to a New Child Support Amount?
Like everything in litigation, the parties are allowed to come up with their own agreements and reach a settlement. Therefore, it is possible that you and the other parent can reach agreements as to how the child support should be changed. If you and the other parent do reach an agreement, it is a simple matter to draft the terms of the agreement in the proper form to be submitted to the Judge for approval and to be made the new binding order of the Court. Remember, any agreements you make with the other parent may not be binding and enforceable unless you submit them to the Judge for approval and the Judge’s signature.
That last point above, regarding submitting the agreement to the Judge for approval, is extremely important. It cannot be emphasized and stressed enough that if your agreement is not approved and signed by the Judge as an Order then it may not be effective and may not be binding. Many people think that an oral or even written agreement regarding changing the child support orders is going to be binding. This is not necessarily true. Again, any agreement to change child support orders should be submitted to the Judge for approval and signing to be effective, binding, and enforceable.
We frequently assist parents in Phoenix who have reached a tentative agreement at mediation or between themselves and want to be sure it is properly documented. Our role can include reviewing the child support worksheet, confirming that the numbers comply with the Arizona Child Support Guidelines, and drafting the paperwork the Judge will actually sign. That way, everyone is clear on the new amount and start date, and you are not relying on informal emails or text messages that the Court may later disregard.
How Is Child Support Terminated?
When the last remaining minor child of the parents emancipates, then the current child support obligation needs to terminate.
If there are no other minor children requiring support, then child support can be terminated by submitting a form to the Court and serving the other parent, as opposed to filing a petition for a modification. If, despite the emancipation of one or more of the children, there still are minor children, then the total child support amount cannot be terminated, but it can still be modified as discussed in the sections above.
It is very important to remember that once the last minor child emancipates, the Court does not automatically stop the child support assignment (garnishment). It is up to the parent that pays the child support to file the necessary forms to terminate the child support unless the Order of Assignment (withholding order) specifically provides for the termination on a specific date.
If the parent paying the child support has unpaid amounts from prior months (the unpaid past child support is called child support arrears), then the termination of the current child support amount does not terminate the responsibility to pay the unpaid prior months (the arrears). So although the Court will terminate the current child support obligation, the parent will still have to make monthly payments even after the child is 18, but all of those payments will be applied to pay down the child support arrears until paid in full.
In our experience, parents are often surprised to learn that wage assignments and enforcement actions through the Arizona Department of Economic Security may continue even after a child turns 18 if arrears exist. We help clients review their payment histories, confirm the correct payoff amount, and file the necessary termination or modification paperwork with the Maricopa County Superior Court so that current support ends at the appropriate time while arrears are addressed in a manageable way.
How We Approach Support And Divorce Modifications In Phoenix
When support needs change after a divorce, the process can feel technical and overwhelming. We focus on guiding you through each step so that any requested modification is grounded in accurate numbers and clear legal standards. Our team reviews your current decree, parenting plan, and prior child support orders to understand how a proposed change will affect both support and other parts of your post-decree orders.
In many Phoenix cases, a change in income or parenting time also impacts spousal maintenance or other financial obligations. We help you see the full picture before you file, so that a petition to modify child support does not accidentally create problems in another part of your decree. By tailoring our advice to your specific history in Maricopa County Superior Court, we work to present a consistent, well-documented request that addresses the Court’s concerns about fairness and the best interests of your children.
Understanding The Arizona Child Support Modification Process
Arizona law gives parents more than one path to ask for a change in support, and choosing the right path can save time and reduce stress. The process typically starts with a careful recalculation using the current Arizona Child Support Guidelines, followed by the decision to use the Simplified Procedure or a standard petition. We walk you through which route is available in your situation and what documentation will be needed.
For families in the Phoenix area, the Maricopa County Superior Court has its own filing requirements, timelines, and hearing practices that must be followed. We help you prepare financial affidavits, gather proof of income and expenses, and organize parenting time records so that your filings are complete and consistent. When a hearing is scheduled, we explain what to expect in that particular courthouse and how to present your circumstances in a clear, respectful way that helps the Judge understand why a modification is appropriate.
Frequently Asked Questions
How Often Can Child Support Be Modified In Arizona?
There is no fixed waiting period between child support modification requests in Arizona, but the Court will only consider a new request if there has been a substantial and continuing change in circumstances. If you recently completed a modification, it is usually best to wait until there is a meaningful shift in income, parenting time, or child-related expenses before filing again. Filing too frequently without real changes can undermine your position with the Court.
Do I Have To Go To Court For A Child Support Modification?
Some modifications are resolved without a formal hearing, especially when both parents agree on the new amount and the paperwork is prepared correctly. Even when a hearing is required, many cases in Maricopa County are handled through a relatively short appearance focused on specific financial issues. The exact process depends on whether you use the Simplified Procedure or a standard petition and whether any issues are contested.
Can A Past-Due Child Support Balance Be Reduced Through Modification?
A modification generally changes support going forward and sometimes for a limited period before the filing date, but it does not erase past-due support. In some situations, parents may reach agreements about how arrears will be repaid or whether certain enforcement measures should be adjusted. Any agreement regarding arrears should be carefully documented and presented to the Court so that it is clear, enforceable, and consistent with Arizona law.
Will A New Child From Another Relationship Automatically Lower My Support?
The birth or adoption of a new child can be considered when calculating support under the Arizona Child Support Guidelines, but it is not an automatic reason for the Court to lower your obligation. The Judge will still review all relevant financial information, the needs of all children involved, and the reasons for the requested change. It is important to run updated guideline calculations before filing so you have a realistic expectation of how a new child might affect your existing order.
A Word Of Caution
The Maricopa County Superior Court has very helpful do-it-yourself forms to modify child support. These forms can be obtained from the Maricopa County Court’s website and hard copies are also available at any of the four Maricopa County Superior Court locations. These forms are very helpful for people to handle their child support modification for themselves.
However, far too many times a person will file the forms expecting the Court to modify the child support in the same way they calculated it and want it changed, but unfortunately for any number of possible reasons, the Judge rejects the request. This usually happens because the person failed to realize one of the other factors used to calculate child support may have also changed.
It cannot be emphasized enough that before you file to modify child support on your own, or before filing any legal documents on your own, you should always have a family law lawyer in Phoenix review the documents and the facts of your specific case.
We routinely review self-prepared packets for parents who want to keep costs down but also want to avoid costly mistakes. A brief consultation can help you identify missing exhibits, inconsistent numbers, or other issues that might cause the Court to deny your request. By catching those issues early, we help you present a clearer, more accurate picture of your situation and reduce the risk of delays or unexpected outcomes in your child support modification case.
Take the next step in your child support modification case. Book your consultation online or call (602) 878-3133 today.
