How to Get Child Support Reduced in Arizona

Many parents are ordered to pay child support in Arizona, especially after an Arizona divorce. Child support is usually made in the form of a monthly payment from the noncustodial parent to the custodial parent to satisfy their financial responsibility as a parent.

If the parent who has to make child support payments does not do so, their child may not get the basic support they need. If a parent has been ordered to make child support payments but they are not able to pay the full amount or anything due to a change in their circumstances, they can reach out to a local attorney or a family support division in Arizona.

Every state, as required under federal laws, must have procedures in place allowing for periodic review and adjustment of cases that state agencies are handling. A child support agency will automatically review cases involving child support orders for families that receive Temporary Assistance for Needy Families (TANF) one time every three years.

If TANF is not involved in the case, the agency will give notice to the child’s parent or custodial that they have a right to request a review of their order at least once every three years. Either of the child’s parents can request a review of their child support order if there has been a substantial change in their circumstances.

Child support agencies are able to handle case reviews in different ways when working with parents or custodians. Reviews can be done by:

• A review and adjustment of a child support order according to the child support guidelines when the amount that was ordered differs from the amount that would be awarded under the child support guidelines
• A cost-of-living adjustment that uses the child support calculation formula that was used in the order
• Using an automated method
  • This may include using an automated comparison to the wage or state income tax data in order to:
    • identify orders that are eligible for review
    • conduct reviews
    • identify orders that are eligible for adjustment
    • apply adjustments

When a parent asks for a reduction in their payment amount, they will need to demonstrate that they have had a material change in circumstances, which can include:

• Substantial reduction in income
• Incarceration
• Cost of living change
• Changes in the child’s needs
• Loss of a job
• Major illness or disability

To find out more about how to lower child support payments in Arizona, a parent should consult with a local attorney in Arizona.

What Factors Can Lower Child Support?

There are many things that a court or agency may consider when calculating child support, such as:

• The amount of a pre-existing court order
  • Spousal support orders are deducted from the gross income of the non-custodial parent
• When the parent uses childcare during a job search or while they are at work, the net costs of that care
• The cost of providing healthcare coverage for the child
• Whether the child has extraordinary expenses, which may include medical or special schooling needs, by agreement of the parents or by an order of the court

When a parent has questions about lowering their child support in Arizona, they should consult with a local attorney for advice and assistance.

What Is a “Substantial and Material Change?”

Although child support orders may be automatically reviewed once every three years, the parents or other parties named in the order do not have to wait for a review to request a change. Either parent may ask for a review and adjustment of the amount to be paid if there is a substantial and material change in their circumstances.

In most situations, whether there has been a substantial and material change is measured by whether there would be a 15% change from the previous order to the new order. A child support agency will only be able to review an order if the party making the request provides substantial evidence that there has been a change in their circumstances.

Every state, including Arizona, has its own formula that it uses to calculate the amount of child support that will be paid. These formulas typically include an evaluation of:

• The incomes of the parents
• The childcare expenses of the custodial parent
• The number of children the paying parent has, whether biological or adopted, who currently live in their household
• The non-custodial parent’s expenses for providing medical insurance for the child
• Whether or not the paying parent has any other child support obligations

When a court makes a decision in a case that involves a child, it will make a decision using the child’s best interests standard.

What Is the Legal Process of Child Support Modification?

Although the specific procedures that are followed for child support modification may differ by jurisdiction, there are some steps that are typically followed. The child support amount that the noncustodial parent will be required to pay is typically calculated using the Arizona child support guidelines.

Arizona provides an online child support calculator that parents can use to estimate how much they will pay or receive. This calculator can also help determine if an order is eligible for modification.

When a parent thinks their child support amount needs a modification, they may be able to request one by filing a motion in court or requesting a review through a Child Support Enforcement Agency (CSEA).

When a parent files a request in court, they will need to serve the other parent with the paperwork. They may also need to appear at a hearing to present evidence of their change in circumstances.

A court can usually be more flexible than a CSEA when considering the unique situations of the parents as well as deciding if the order should be revised. When an attorney handles a court motion, it provides a parent with the best possible chance at a needed modification.

Parents can also request a review through their county CSEA. With this type of review, a CSEA caseworker will review the case to determine if the child support order should be modified. Parents or custodians are not required to be present for these reviews.

The parent or custodian who makes payments should continue to do so no matter how they request a review. When the CSEA or court determines a material change in circumstances has occurred, it will issue an updated child support amount.

When Do I Need to Contact a Lawyer?

When you are a parent who pays child support, you may have times when you think your payment amount should decrease. You can consult with an Arizona child support lawyer to find out what options may be available to you.

Your attorney will also help you request and obtain the reduction in your payment amount. As noted above, you should keep making your required payments until a new amount is ordered to avoid any additional legal consequences.

You can use LegalMatch to find a child support attorney near you at no cost who can help you obtain a modification of your child support payments. All you need to do is submit your concern on the website, and you will receive responses from member lawyers near you in around 24 hours that include their background, fee arrangements, and client reviews.