As the best child support lawyers in Gilbert AZ we often get asked, “how do I get a modification to my child support orders in AZ?” Today I want to give you a scenario that I hear quite a bit and especially in the economy that our nation is facing right now, and that is: “2 years ago, 3 years ago, my wife and I or my spouse and I were divorced and I was required to pay X amount of dollars for child support. Well now unfortunately my job has either been cut back in terms of hours or I’ve lost my job altogether. I can’t afford to pay what the judge ordered me to pay in child support 3 years ago. What in the world can I do?”
Well in Arizona, what we can do, what we’re allowed to do, is to petition the court to modify your child support order/your obligation. There is a process that you have to go through and that is that you need to file a petition with the court, and you have to explain to the court what has changed. Why should the court now go back and change what the court decided to do 3 years ago. The specific law in Arizona that a person must follow when seeking a change in child support or child custody (any kind of orders relating to the children) is; you’ve got to be able to demonstrate that there’s been a substantial change of circumstances. So an obvious example of that is, “I’ve lost my job.” That’s pretty substantial. That the change is ongoing and that whatever you’re asking the court to do (and this is the most important thing of all) whatever you’re asking the court to do, is going to be in the best interest of the children.
Getting the court to change these things is not easy, however; if you have an experienced Arizona family law attorney, they will know what factors the court looks at when deciding whether or not to modify the child support order. At the law offices of Kevin Jensen we’ve handled hundreds of modification matters involving child support. We’d love to help you out. Please give us a call to see if we can help you. Thank you.
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