Child Support

Yes. Child support and spousal maintenance do not get suspended because of an appeal. You are ordered and have an ongoing obligation to pay those amounts. If the appeal changes the order, you will receive a credit for any amount you overpaid.

It is possible for a new caretaker to get child support through a process called a Transfer of Support Rights. This process transfers the support payments to the caretaker. Assuming the payments are going through the Arizona Clearinghouse, you will need to provide proof that you have had the child for at least 30 consecutive days and both parents under the current child support order will be notified about the change in payments.

You have a few options such as filing a petition, or you can request an assignment order under A.R.S. § 25-323 and § 12-2454.

If you take the petition route, you will file a Petition to Enforce Child Support, Child Support Arrears and Medical Expense Reimbursement. All three of these issues should go in the one petition because you want the Court to enforce the current order in effect, have the Court enforce the amounts not paid by your former spouse, along with any medical expenses. Ask for attorney’s fees in the petition if you choose to hire an attorney to draft your petition.

If you take the assignment order route, you will request an Income Withholding Order for Support. The court form is available on the Superior Court website to be filled out and filed with the Court. This will require your former spouse’s employer or other payor to withhold the amount from his or her wages or money owed to you and to send that amount through the Arizona Clearinghouse to get to you.

We always recommend using the Arizona Clearinghouse for support payments to ensure tracking is available in the future if needing to provide a timeline of payments or lack thereof.

Under Federal law, DCSE is required to review and, if appropriate, adjust a child support order every three years for families receiving Temporary Assistance for Needy Families.

There are several factors that determine what state needs to review a potential modification. You should start by requesting a modification review with the child support agency that oversees your current order. If you do not have a case with DCSE or another agency, you will need to consult with the court or a private attorney.

Yes. When there is a change in visitation or custody of the child, you can either go to court or ask for a change in the child support order or you can ask DCSE to modify the court order. You may be able to reduce child support or begin receiving child support from the other parent.

A parent has the right to request a modification of their child support order. The Division of Child Support Enforcement (DCSE) can help you determine if you qualify for a modification. The review is based on the current income of the parents, the Arizona child support guidelines, and if there is a material change that is ‘substantial and continuing’ that would change the amount of your order by 15% or more.

Usually, the new child support will take effect on the 1st day of the following month after filing. For example; if a petition is filed on January 5th, the new child support, given that the modification is accepted, will start on February 1st.

No, any amount past due plus interest, accrued before the date of notice of a motion to modify child support, cannot be modified or forgiven, unless the parties agree in writing to the modification.

A parent can ask the court for a modification to child support at any time. However, it must be shown there is a material change in circumstances before it is modified or terminated.

Yes, both parents’ incomes are needed to calculate child support. At the outset of case, if you do not how much the other parent is making, you can estimate it. The other parent should provide you with their income information.

Under Arizona law, a parent must go to the Superior Court of Arizona and File a Petition to Modify Child Support. Once the Petition is filed, it must be served upon the other party.