Families are complicated. They can look many different ways and find themselves wrapped in varying emotions such as anger, love, and sadness, sometimes all at once. No matter what a family looks like, when two people choose to create one or add to theirs by having a child together, they link themselves together for the duration of the child’s formative years, no matter how their relationship dynamics may evolve. An important component of this link is ensuring that both parents are financially responsible for providing the child with the care and necessities they are entitled to via child support.
Reaching a child support agreement is no easy task and is often filled with many difficult conversations. This conversation is not necessarily over once child support is established; circumstances can change for either parent that requires modifications to the child support agreement. Modifying child support agreements, however, is not as easy as simply changing the amount or frequency of the payments between you and the other parent.
Here, the team at The Valley Law Group will explore the ins and outs of this system to help you navigate the legal process involved.
While there are several factors that determine how much a parent may have to pay in child support, there are many false assumptions made about those factors. For example, some people assume that if a parent has a higher income than the other, they will automatically be ordered to pay child support. Others assume that if the parents have equal custody of a child, then neither parent has to pay. However, these are just two of many considerations taken into account when determining who should pay child support, how much, and for how long.
Use our free Arizona Child Support Calculator to estimate child support payments in Arizona.
For example, if you and the other parent each share equal custody and have similar incomes, then neither of you may be ordered to pay child support. However, if there is an equal share of parenting time and decision-making and one parent has a significantly higher income, then they may be ordered to pay child support. A high-earning parent with the majority of parenting time may not need to pay child support to the other parent.
Assumptions should not be made about how much a parent is expected to pay or how much a modification should change. An attorney can better help you understand what modifications may look like based on the changes and the standing order.
No matter the reason for the child support modification, the Arizona Child Support Modification Guidelines state that any child support modification must show there is a change in circumstances that is “continuing and substantial.”
Requiring a continuing and substantial change to modify a child support order eliminates the burden on the court system for those who may only request a modification on a temporary or short-term basis. However, both continuing and substantial can be subjective terms. Therefore, judges are given a broad range by which to apply the terms to the circumstances of the case before them.
An example of a temporary versus a continuing change might occur when one parent is suddenly out of work. Consider a situation in which they are unable to find employment for a few weeks. While it can be difficult to keep making payments, a few weeks does not necessarily mean there is a continuing situation that requires a modification because it is still too soon to determine whether they will be able to gain other employment quickly. If, however, they are out of work for a few months and the unemployment is not the fault of the parent, then a modification may be justifiable. In this case, a judge may deem the case meets the requirements for a continuing issue that could benefit from a modification.
A substantial change could again be a subjective decision with a broad range of applications for a judge. However, as a general rule, modifications are considered in circumstances where the changes in child support payments would be 15% or more. Returning to the previous example, if the original child support order requires one parent to pay $500 per month, and that parent then experiences a reduction in income that justifies a substantial decrease in payment, then the court may rule in favor of a modification given that the decrease is equal to or greater than 15% of the original payment.
It is important to know that a child support modification does not have to reach the 15% threshold for consideration. A judge can consider any change when determining modification needs. However, the 15% benchmark may allow some parents to seek a Simplified Procedure rather than navigating the traditional child support modification petition process.
You have the right as a parent to request a review of the current order in an effort to determine if a modification is necessary. If, for example, you are the paying parent and your circumstances change such that you are no longer able to make payment, a review can speed up the modification process. This helps ensure you can not only make payments that are more fitting to your current circumstances, but it also helps ensure that your child receives the support they need for the necessities they require.
Another reason why you should begin the process quickly is that in Arizona, any approved modification will be retroactive from the time the petition was filed. If you are the paying parent, this could amount to thousands of dollars saved if the modification is approved.
There is no statute of limitations for child support modification in Arizona. Modifications occur anytime there is a substantial need for a modification to occur, and either parent can initiate a review.
Child support modifications may include terms to end payments altogether. That’s because, in addition to the aforementioned reasons for a modification, there are circumstances that could justify terminating child support payments. Many child support orders contain termination dates within the agreement. However, they are not always included, and a parent may wish to have a review of their order to seek termination. Because child support is often paid through income withholding orders, modifications and terminations can help the paying parent invest their money into other areas of their life.
The majority of child support orders will end when the child reaches the age of 18 and has graduated from high school. Other reasons that may require the court to terminate child custody include:
If both parents agree that termination is appropriate, then both must also agree to the following conditions:
If a parent disagrees with the termination of child support, the above conditions still need to be met. However, when the Stop Income Withholding Request is filed by the non-custodial parent, the custodial parent will be served a copy of the petition and offered an opportunity to respond. This could be through their attorney or through a request for a hearing.
In some situations, the party challenging the termination request is not the parent of the child but a representative from DCSS or another state entity who feels it is in the child’s interest to continue the order.
skilled child support attorneys at The Valley Law Group. Our team can help you find the answers you need to make the decisions that are right for you and your family. Contact our offices today.
*Editor’s Note: This article was originally published May 9, 2021 and has been updated March 6, 2024.
Jonathan Roeder
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.
