Can I modify child support or custody orders after the divorce in Arizona?
Lowen Jones
Arizona managing attorney at Marble Law
Key Takeaways
- Significant Change in Circumstances: To modify child support or custody orders, you must demonstrate a substantial and continuing change
- Child Support Modification: Changes in income, child's needs, or parenting time can warrant a modification.
- Custody Modification: Changes affecting the child's best interests, such as relocation or safety concerns, may justify a modification.
- Legal Representation: Consulting with an attorney can be helpful to understand the process and ensure your rights are protected.
Yes, you can modify child support or custody orders after a divorce in Arizona, but certain conditions must be met. Modifications to both child support and custody (legal decision-making and parenting time) are governed by Arizona law and require a demonstration of a significant change in circumstances since the original order was issued.
Modifying Child Support
To modify child support, you must show a substantial and continuing change in circumstances. This could include changes in either parent’s income, changes in the needs of the child, or changes in the amount of parenting time. Under A.R.S. § 25-503(E), either parent can file a petition to modify child support. The court will reassess the child support amount based on the Arizona Child Support Guidelines, which consider factors such as income, the number of children, and parenting time.
For example, if one parent loses a job or experiences a significant increase in income, the court may adjust the child support amount accordingly.
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Modifying Custody (Legal Decision-Making and Parenting Time)
To modify custody orders, the requesting parent must also demonstrate a substantial and continuing change in circumstances that affects the child’s best interests. According to A.R.S. § 25-411, unless the child is in immediate danger, the court generally requires that at least one year has passed since the last custody order before considering a modification request. Significant changes might include relocation, changes in a parent’s ability to care for the child, or concerns about the child’s safety.
For instance, if one parent plans to move out of state, this change might warrant a modification to the existing parenting time schedule.
Conclusion
In Arizona, modifications to child support or custody orders after a divorce are possible but require proof of significant changes in circumstances. It’s important to consult with an attorney to assess your situation and ensure that you follow the proper legal procedures. This article is not legal advice, and seeking professional assistance is recommended to navigate the complexities of modifying court orders.
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