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For many divorced parents or those who were never married, court can be a regularity. Most often things do change. The parenting plan that was working when the child was young might not always work and when the child grows, things do change. For many people, when the court order does not work with the child and parent, they may seek the modification in the court orders. The Arizona statutes give an option of modification based on why, how, and when a person may apply for a modification.
What is Child Support?
Child support is a type of financial support that a noncustodial parent gives to a custodial parent. It is given to aid the upbringing and care of the child. The rule of child support states that both the legal parents of the children are obligated to support them, even when any of them do not have legal or physical custody of the child. The obligation of child support ends only when the child attains adulthood or in case the parental relationship is terminated legally.
Child Support Modification
Sometimes, the existing child support needs modification due to the income change or the need of the child changes. For this, you may need Modern Law legal help to understand the process. To help you with the modification, the lawyer might need to know all the accurate details related to the case.
Why there is a need to Change the Child Support Order?
To file for the modification in child support, you need to show significant evidence to support the changed circumstances. These may include:
- Change in the needs of the child
- Significant increase in income of the parent
- Parent has a disability
- Loss of job of the parent
- Change in cost of living for the child.
There might be a significant waiting period before the court decides to allow the modification in the child support order. If there is an existing order, the lawyer might want to review this to file the claim for modification. You may also provide evidence that can show that the current support order is not sufficient for the child’s care.
Does any of the parent owe any unpaid Support?
You might be able to file for a modification in future support, but you cannot reduce your support. Any unpaid support will not be impacted in any case due to the changed circumstances. However, if you have any unpaid support to collect from the other parent, a lawyer may be helpful in collecting the amount.
Does the Support Order have a clause for Cost of Living?
Most of the child support orders have a clause of COLA or Cost of Living Adjustment. If your support order contains such a clause, you might not need to apply for a modification to increase or decrease the amount of support payments. You will just need to bring the support order document during your appointment for the change.
