“Can I change the child support order?”
If the court requires you to pay child support, it’s important that you do so in full and on time every month. You don’t want to miss payments, as this can get you into all kinds of trouble.
But what happens if you are no longer able to afford your child support payments? Is there any way to pay less in the meantime? Or what if it’s the other way around, and the other parent isn’t paying nearly so much as they should? A child support modification request may be a potential solution.
A child support modification can occur by agreement of the parties or by order of the court, although your judge must still approve the new arrangement. When you file such a petition under ARS § 25-503(E), you must show a “substantial and continuing change of circumstances” that justifies that new number.
Also, it is true that if several months go by before your petition is resolved, the judge can look back in time to adjust the figure to what support should have been all along. But the court can reach back only to the first day of the month after you served your new petition on the other parent. So, if you anticipate a big difference between the existing support obligation and what comes next, you may not want to wait too long to start the process!
Again, even an agreement must be approved by the court to ensure that the parents have not artificially changed the normal calculation to financially harm the child. This relates to a common misconception. In the end, child support belongs to the child. The arrangement does not exist for the convenience of either parent. In fact, once that child turns 18 years old, it is the child—now an adult—who inherits the legal right to collect from a delinquent mother or father.
In summary, here are some helpful tips concerning support modification:
Don’t wait around if the financial stakes are serious. Once you know that your financial circumstances (or the other parent’s) have changed in a real and lasting way, such as a job loss or promotion, you should act.
Talk to the other parent about your difficulties. Even if you think a conversation will help nothing, it’s a bad look to shoot from the hip with a new petition if the judge finds out that you didn’t even try to open a dialogue. And you may be pleasantly surprised: sometimes the other parent will understand what you are going through and negotiate a new figure. It will still require court approval, but having the other parent on your side can help your cause.
If you are the parent currently making payment, do not stop making support payments on your own—figuring “it will all even up in the end”. The existing obligation is still a court order; if you slip into arrears, and the debt gets high enough, you could be challenged with a contempt petition and even sent to jail until you pay a “purge” (percentage) amount. The better strategy is to either (i) apply for modification under the “simplified” process or (ii) ask your judge to grant temporary orders that change the number while negotiations and information exchanges are continuing.
We’ll discuss that “simplified” procedure and other quirks with the child support process in future blogs. In the meantime, contact the Alongi Law Firm if you would like some help sooner than later!