Child Support Modifications

Did you know that you can modify your child support orders? According to the relevant rules, statutes, and case law, parties can modify child support orders if they can show “changed circumstances that are substantial and continuing”. See A.R.S § 25-327(A). This means, for example, that if either party has an increase or decrease in their income, or they have another child (incurring a new financial obligation), they can modify child support.

The process requires that the party seeking the modification proves the substantial and continuing change in circumstances. The rub in the modification process is whether the change is substantial and continuing. For example, a holiday bonus might be a substantial change in income, but it is not continuing (i.e., it is only a one-time pay increase). A raise, on the other hand, can be a continuing change if it is a substantial raise (i.e., a few hundred dollars per month).

If you believe that you can modify child support, contact me to set up a consultation.

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