When Can You Modify Child Support After a Change in Income?

If your income has changed and you’re either paying or receiving child support, you might wonder if you can adjust the payments. Arizona family law does allow for modifications under certain conditions, and a Casa Grande, AZ child support lawyer can help you with the specifics of your case.

When There’s Been a “Substantial Change in Circumstances”

You can request a change to your child support order if there’s been a substantial change to the situation. For example, if you or the other parent lose your job, get a raise, or face a drastic pay cut, you could qualify for review. The key is that the change must be ongoing, not temporary, and it must be something you can’t reasonably solve without making a change to the child support orders. A short-term layoff, therefore, might not count, but if you’ve experienced a permanent reduction in your hours or developed a new disability that affects your ability to work, this likely would.

After a Review

To decide if your case fits the definition of “substantial change,” the court will look at both parents’ gross incomes and the expenses for the child. If recalculating based on the new income shows the support amount would differ significantly from the current order, you have a strong case. “Significantly” here means there has to be at least a 15% difference or at least $50 per month, whichever is smaller.

When the Order Is Old Enough

If the support orders you’re working from have been in place for more than three years, you can ask for a review without having to prove there’s been a huge change in your income, but you’ll still need to be able to justify any changes you’re asking for. The court’s goal is always going to be to ensure that the level of support reflects the current realities of your child’s needs.

When a Child “Ages Out”

If you have multiple children being supported or to support, and one ages out by graduating high school and turning 18, that’s automatic grounds for adjustment.

Modifying Child Support in Casa Grande, AZ

Either parent can file a petition to modify support through the Superior Court, or the Arizona Department of Economic Security (DES) can handle many requests via their Division of Child Support Services (DCSS). This is often simpler, and your lawyer can help you understand the best way to go and will file your request with the right entity.

Once one of you has filed for a change, the other parent gets a notice and a chance to respond. If you agree on the new amount, it speeds things up, as there’s no need to fight it out. If not, DCSS or the court will hold a review, possibly with a hearing, and the whole thing can take up to six months to work through, depending on how badly the court is backlogged. Just bear in mind that you can’t stop paying support until the new orders are issues.

Consulting a Child Support Lawyer

The whole process will go more smoothly with an experienced family law attorney on your side. For personalized help, call the Law Office of Vincent Mattioli at 480-485-7948 or visit us online to request a free consultation.

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