Can child support payments be modified?

Question

Accepted Answer

Yes. Under Arizona law, any child support order may be modified or terminated on a showing of a changed circumstance that is substantial and continuing, except as to amounts that already accrued as arrearages before the date of notice of the motion or order to show cause . A change in health insurance coverage or its availability may itself constitute such a substantial and continuing change . A modification or termination generally takes effect on the first day of the month following notice of the petition, unless the court for good cause orders a different effective date, which cannot be earlier than the date the petition was filed . The court may also award attorney fees and costs to the prevailing party in a modification or termination proceeding .

In title IV-D cases, a party (or the department, if rights have been assigned) may request a review and adjustment of the order every three years without showing a substantial and continuing change in circumstance; the department reviews the order under the state child support guidelines and, if appropriate, files a petition in superior court to adjust the amount . If a party in a title IV-D case seeks review sooner than three years, that party must demonstrate a substantial and continuing change in circumstance .

If the order was issued by another state, it may be registered in Arizona for modification, but an Arizona tribunal may modify it only if the jurisdictional requirements of A.R.S. § 25-1311 or § 25-1313 are met . An Arizona tribunal may not modify any aspect of another state's order that is nonmodifiable under the issuing state's law, including the duration of the support obligation . An Arizona tribunal that issued the controlling order retains continuing, exclusive jurisdiction to modify it so long as the obligor, obligee, or child resides in Arizona, or the parties consent to continued jurisdiction .

The sources do not define "title IV-D case" or "changed circumstance that is substantial and continuing," so I cannot explain those terms further. For advice about your specific situation, consult a licensed Arizona attorney.