In Arizona, like most other states, child support orders are not permanent. As financial circumstances and family dynamics change, Arizona law allows parents to modify child support.
However, the right to modify child support is rarely automatic. Family courts require the party seeking to change support to assert a clear legal basis for modification and the outcome often depends on how the changed circumstances are presented and supported.
When can child support be modified?
In Arizona, a child support order may be modified when there has been a substantial and continuing change in circumstances that affect the child support obligation.
This standard is intentionally broad, but not every change qualifies.
What counts as a "substantial and continuing" change?
Arizona law uses the term substantial and continuing change(s) in context of child support, child custody, and spousal maintenance, but unfortunately it provides no clear statutory definition.
Piecing together how it this phrase has been interpreted and applied by various appellate courts, it typically refers to situations where there is a lasting (usually permanent) change to facts or circumstances the family court relied upon when it entered previous orders.
For child support, common examples of substantial and continuing changes include:
Significant changes to either parent's income (or earning capacity)
If a parent gets a raise or, conversely, is involuntarily laid off* from their job, the inputs used on the child support calculator could change so modification might be appropriate. It does not always have to be actual change to income, if a parent obtains additional credentials or education (e.g. graduates college or a professional training program) that would enable that parent to earn a significantly higher income, this might be a basis to modify child support, too.
* For cause termination is usually treated differently for policy reasons
Changes in parenting time
A lot of parents are surprised to learn that each parent's parenting time often affects the child support calculator more than their income. So when parenting time is changed, child support may need to be recalculated. In fact, whenever the family court changes parenting time it is actually required to recalculate child support.
But this situation also may apply when parents informally change their parenting schedule. The Arizona Child Support Guidelines give judges discretion to use parenting time actually exercised instead of parenting time awarded when calculating child support. We have helped parents modify child support in situations where a parent was awarded equal parenting time, but voluntarily exercises significantly less.
Changes in the child's needs
The child support calculator can include adjustments for expenses like health insurance provided for the child, childcare, school tuition, special needs, or other extraordinary expenses incurred on behalf of the child. As these expenses change, child support modification may be necessary to accurately reflect those changes.
Defining substnatial: the 15% rule
Above we listed some of the most common categories of changes that can affect child support, but very few of those automatically enable child support modification—in fact, it is only changes to parenting time (adopted by the court) and changes to the child's health insurance that are automatically considered grounds to modify child support.
For other changes, parents still must prove the "substantial" component. To do that, the Arizona Child Support Guidelines provide that any changes that would affect the child support obligation by at least 15% or more are substantial. In other words, this means that modification may be appropriate if a new child support order would be at least 15% more or less than the previous order.
To illustrate this, imagine a current child support order that requires Parent A to pay $100 per month to Parent B. Parent A finds out that Parent B was promoted at work and runs a new child support worksheet that calculates Parent A's child support obligation to be $75.00.
Parent A would take the difference between the current orders and the new calculation ($25.00) divide it by the current obligation ($100.00) to calculate whether it is at least a 15% change. Here, because we used conveniently round numbers, it is easy to see that the difference would be 25%, so Parent A would be eligible to modify.
This example assumes that Parent A will be able to prove the income change. The quality of evidence is really important in cases where modification is contested.
The process of modifying child support
The process to modify child support generally involves:
- Filing a petition to modify (simplified or traditional)
- Exchanging updated financial information
- Recalculating support under the guidelines
- Negotiation or trial
Although the procedural steps may appear straightforward, disputes often arise over how financial information is applied, especially when a parent's financial situation is more complex. These situations can involve:
- Self-employment
- Variable commissions
- Investment income
- Stock or performance-based income
- Voluntary unemployment or underemployment
- Recurring gifts or contributions from others
Income is the most common area of dispute in child support modifications, but it is far from the only one. Parents may disagree on parenting time calculations or how to calculate credit for expenses incurred on the child's behalf. In contested cases, having an experienced child support lawyer on your side can make all the difference.
If parents agree to modification, the process is usually far simpler. However, if the agreement deviates from the child support guidelines, hiring a lawyer still may be beneficial because family courts are not obligated to accept the parents' agreement if they find the deviation is contrary to the child's best interests.
We explained child support deviations in greater detail in a previous article if you want to learn more.
Should you hire a lawyer?
It certainly is possible to modify child support without hiring a lawyer. This is especially true if both parents agree to the new amount.
In contested cases, you should consider the complexity of the dispute(s) and ask yourself:
- What are the areas of disagreement?
- How complicated will it be to prove your side?
- What type of discovery will need to be conducted to obtain the information you need?
- How cooperative will the other parent be?
- Does your case involve issues where the court has discretion? (Overtime, second jobs, fluctuating or non-traditional income, income sources beyond a W2, disputed parenting time, childcare or other discretionary adjustments)
- Request for upward or downward deviation?
As the complexity of the case increase, so does the value of hiring a good family lawyer. If you are not sure if you need legal assistance, we offer a completely free initial consultation where one of our experienced child support lawyers can answer all of your questions and help you understand the potential outcomes in your case.
Final thoughts
While Arizona law provides a consisetnt framework for modifying child support, the outcome depends on how effectively the underlying facts are developed and presented.
Understanding both the legal standard and the strategic considerations involved allows for more informed decision-making when circumstances change and child support modification is considered.
