Understanding Child Support Modification
In Arizona, child support arrangements are made when parents are divorcing or legally separating. The child support amount is based on many factors, including the parents’ incomes and the expenses of the child or children. However, family circumstances are likely to change over time, which is why Arizona allows for child support modifications in certain situations.
If you are seeking a child support modification in Arizona, an attorney is a valuable resource for ensuring you follow the appropriate processes and procedures while filing your request. Our child support modification attorneys at JacksonWhite can provide you with the guidance and legal know-how to request a successful child support modification that properly addresses your unique situation.
Common Reasons To Request Child Support Modification
As lifestyle circumstances change, child support arrangements may need to be modified to reflect the current financial and personal circumstances of the parents. A child support modification can ensure that children receive the resources they need to promote their best interests and that the parents are reasonably able to provide those resources.
Some of the most common reasons to request a child support modification include:
- Increased or decreased income
- Loss of job or underemployment
- Health insurance coverage changes
- Recently acquired disabilities
- Incarceration and other significant living changes
- Changes to custody agreements
- A change in childcare needs, like medical or educational obligations
Either parent can request to have the child support amount modified, regardless of who is the custodial parent. A parent can also request modification after three years, even if no significant changes have occurred in that span.
If the arrangement has been in place for less than three years, a request for modification may be filed if the adjusted support amount would be 15% higher or lower than the current amount. This is not a guarantee of modification, only a guideline as to what changes would call for an adjustment.
Our Family Law attorneys at JacksonWhite Law can discuss your case to help you determine whether you have legal standing to pursue a child support modification and how to do so.
How to Request Child Support Modification
Requesting a child support modification is a detailed process that involves completing several forms and navigating through detailed legal procedures. Typically, the process involves several steps, which include both parents presenting their newly changed circumstances.
Parents can request to have their child support arrangements modified by:
- Either filing a court petition by one’s self or with an attorney or requesting modification through the Division of Child Support Services (DCSS)
- Completing four documents available from the Arizona Department of Economic Security, covering personal, financial, and legal documentation to demonstrate evidence of how circumstances have changed, including the following
- Request for Modification Review
- Affidavit of Financial Information
- Agreement to Accept Service by Mail
- Request for Modification Checklist
- Once you complete the necessary documentation, working with your attorney to submit the documents to the DCSS and file your official request with the court
- If necessary, presenting your case in a court hearing justifying the need for a modification
If the amount of child support is likely to change by 15% of the existing order, then you may pursue a simplified approach for modification. This process entails filing a petition for a child support modification with the court and attending a hearing if the other parent requests it.
Filing a child support modification on your own can be a complex, detailed, and grueling process. It’s often better to work with an attorney as they will help you navigate the complex aspects of filing a complete and successful modification request.
Benefits of Hiring a Child Support Modification Attorney
Filing a request for a child support modification requires a detailed legal process that includes completing the required forms, gathering evidence of your financial or lifestyle changes, and filing the proper documentation with the court. Having a legal expert by your side can make the process simpler and offer you additional confidence in securing a successful, favorable modification.
If you pursue a modification on your own, it can be easy to overlook an important step or end up with an agreement that doesn’t fit your needs. An attorney will provide comprehensive guidance to ensure you have all the documentation necessary to pursue a successful modification with the court.
Some of the benefits of hiring a child support modification lawyer include:
- Expert knowledge of Arizona law – A family law attorney understands all the necessary legal processes and procedures to help you navigate the modification process more easily.
- Strategic advocacy – An attorney will advocate for you in every step of the process, ensuring that you understand next steps and have the documentation necessary to file a successful request.
- Time and stress management – Navigating the modification process alone can be time-consuming and stressful, but with a detailed understanding of the legal requirements necessary, our child support modification attorneys will save you time and take the load off your shoulders.
- Protecting best interests – Throughout all aspects of the process, our team will work toward protecting your best interests and seeking a favorable outcome for your lifestyle circumstances.
All together, working with an experienced child support modification attorney will take the stress of filing for a successful child support modification off your shoulders. By choosing to work with one of our Family Law attorneys at JacksonWhite, you will save yourself crucial time and energy while remaining confident in a modification that supports your lifestyle changes.
Our Approach To Child Support Modification Cases
The process behind a child support modification can be difficult to navigate alone, making legal support a valuable resource. At JacksonWhite, we take a detailed approach to child support modifications to accommodate all parties and ensure the best interests of the children involved.
We begin every case with a comprehensive evaluation to understand your unique situation and specific goals. During this evaluation, we’ll listen to your reasons for a modification, understand your goals, and discuss what steps we’ll need to take to file a successful request.
From there, we’ll take the following steps:
- Tailored legal strategy – With your goals and best interests in mind, we’ll determine what documentation you may need to support your modification and develop a plan for developing your strategy.
- Evidence collection – We’ll cooperate with you to gather all the financial documents to demonstrate evidence of your need and eligibility for a child support modification.
- Filing – Once we help you gather the evidence and documentation needed for your request, we’ll help you file the documents with the Arizona Division of Child Support Services.
- Reliable communication – As we move through the process together, we’ll ensure we remain transparent about next steps and the progress we’ve made so that you have no questions.
- Negotiation and mediation – In the event that you and your ex-partner disagree on the terms of a new child support agreement, we’ll support you in the negotiation process so we can help you seek an agreement that meets both your needs.
- Court representation – A child support modification must be approved and endorsed by a family court, so our attorneys will represent you before the judge and advocate for your needs for a modification.
Our team at JacksonWhite Law follows a meticulous process to provide you and your case with the care and attention you deserve. We act as your partner throughout the modification process so that you can maintain peace of mind and confidence in the best possible result for your new life circumstances and child support arrangement.
Our Expertise in Family Law Matters
When you hire an attorney from our Family Law team at JacksonWhite, you can rely on our extensive legal experience to provide you with the comprehensive guidance and support needed to file a successful modification. We understand the legal requirements necessary to help you navigate a complex and stressful legal system.
Together, our team has over 40 years of experience with a variety of family issues, from divorce consultations to child support agreements. With this experience, we know how to lead with the sensitivity and compassion that family law issues require.
In our decades practicing, we have had to navigate complex family dynamics, negotiate agreements in contentious divorces, and represent parties in court to promote their best interests. We’ll take all the necessary steps to advocate for an agreement that satisfies both parties while maintaining transparency and communication throughout the process.
With comprehensive knowledge of so many aspects of the divorce process, we’ll provide you with careful guidance in pursuing a child support modification while satisfying all the legal requirements.
Get Help with Your Child Support Modification
A child support modification is a helpful process for divorced spouses who have entered into a child support agreement but have experienced changes to their life circumstances since. Filing for a modification with the court entails completing the required documentation, gathering necessary evidence, and filing the request with the court.
In this process, the guidance of a child support modification attorney is invaluable for ensuring you follow the process correctly, effectively present your need for a modification, and secure a favorable agreement that fits within your new lifestyle circumstances.
If you need assistance with child support, including modification or termination, the family law team at JacksonWhite can help. We’ve worked with families and individuals across the state to get the legal results they desired.
Call the Family Law Team at (480) 637-4019 to discuss your case today.
