CHILD SUPPORT MODIFICATION

Child support orders are not permanent. Either parent can petition to modify the support order when there has been a substantial and continuing change in circumstances. Common grounds for modification include:

• Significant increase or decrease in either parent’s income
• Change in parenting time allocation
• Change in the child’s needs (medical expenses, educational expenses)
• Change in healthcare coverage availability or costs
• Incarceration of the paying parent
• Retirement or disability of either parent

A modification petition must demonstrate that the change in circumstances is both substantial and continuing – not temporary. A brief period of reduced income due to seasonal work fluctuation, for example, is unlikely to justify modification. A permanent job loss or a promotion with a significant pay increase is more likely to meet the threshold.

The court recalculates support using current incomes, current parenting time, and current expenses. The new order replaces the old one prospectively – it does not retroactively change amounts that were already due.

This is a critical point that many people misunderstand: modification is not retroactive to the date of the changed circumstances. It is retroactive only to the date the modification petition was filed with the court. If you experience a job loss in January but do not file a modification petition until June, you owe the full original amount for January through June.

This is why acting quickly matters. If your circumstances have changed, file the petition immediately. Waiting creates arrearages that cannot be forgiven.

• Income withholding – the employer is ordered to deduct support directly from wages
• Interception of tax refunds – federal and state tax refunds can be seized
• Suspension of driver’s license – the Arizona Department of Transportation can suspend the non-paying parent’s license
• Suspension of professional licenses – professional, occupational, and recreational licenses can be suspended
• Passport denial – the U.S. State Department will deny passport applications for parents who owe more than $2,500 in arrears
• Contempt of court – willful failure to pay can result in fines and jail time
• Liens on property – child support liens can be placed on real estate, vehicles, and other assets
• Credit reporting – past-due support is reported to credit bureaus