Understanding Child Support In Arizona

Posted by Melisa Dorgan on October 4, 2011 under Family Law | Be the First to Comment

Each year, courts in Arizona make many decisions regarding child support. Typically, these child support cases fall into three different categories: establishing support, modifying support and termination of support.

The establishment of child support is generally done through either a div

orce action or a paternity action, depending on whether or not the parents were married. However, support can be established even if a married couple is living separately and have not filed documents regarding divorce or separation.

Child Support Modification is the most common type of support. A Child Support Order already exists but there may have been a substantial and continuing change in circumstances that results in a change in the child support amount by 15% or more, either a higher child support amount or lower child support amount.

There are many reasons why circumstances may have changed. For example, perhaps a parent has a significant change in income, or perhaps the amount of parenting days has altered. Also, common changes include when a child has reached the age of 18 and has graduated high school. In such cases, child support can be terminated or modified to continue the care of remaining minor children. If the child marries, turns 19 or is deceased, these are also reasons for modification or termination of support.

There are two ways to modify child support under the Arizona Child Support Guidelines. The most common is the simplified version and the least common is the standard version. Procedurally, they are very different. Modifying child support using the simplified version requires that the only issues to be modified are child support and which parent is providing medical insurance for the children. If either or both of those issues are changing, then the simplified version may be used. If, however, a parent wants to modify child support and include a modification of which parent can claim the children on their state and federal income taxes, or whether a parent is in arrears for nonpayment of child suppor,t then the standard version must be used.

With the standard child support modification, a Petition to modify must be prepared, as well as an Order to Appear. A hearing will be set, and both parties must attend this hearing. After hearing the testimony regarding the issues set forth in the Petition, the judge will decide if modification is needed.

The simplified version procedure involves preparing the petition to modify child support, parent’s worksheet, blank request for hearing and blank parent’s worksheet. These documents are served on the other parent, and if this parent wants a hearing, then that parent must request one. If that parent never requests the hearing then the child support order is signed by the judge without a hearing. That’s much simpler, hence the name simplified version.

Melisa Dorgan enjoys writing and discussing family law issues. For additional information about Phoenix divorce laws or to find a paralegal for Child Support in Phoenix AZ, please go to the AZ Statewide Paralegal website today.