Arizona Child Support Modification Simplified

State:
Arizona
Control #:
AZ-01952BG
Format:
Word; 
Rich Text
Instant download

Description

In Arizona the terms of the divorce will specify the conditions that alimony will stop. The obvious reasons for terminating alimony are the death or remarriage of the person receiving the payments. Since many spousal maintenance awards are for a fixed number of years, the lapse of that period of time will cause the termination of the payments.


Matters that will require an evidentiary hearing shall be brought before the court using a "petition for order to appear" (often currently referred to as a "petition for order to show cause").


Section 25-327 of the Arizona Revised Statutes provides in part:
Provisions of any decree respecting maintenance or support may be modified or terminated only on a showing of changed circumstances that are substantial and continuing except as to any amount that may have accrued as an arrearage before the date of notice of the motion or order to show cause to modify or terminate. The addition of health insurance coverage as defined in section 25-531 or a change in the availability of health insurance coverage may constitute a continuing and substantial change in circumstance. The provisions as to property disposition may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state. Modifications and terminations are effective on the first day of the month following notice of the petition for modification or termination unless the court, for good cause shown, orders the change to become effective at a different date but not earlier than the date of filing the petition for modification or termination. Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated on the death of either party or the remarriage of the party receiving maintenance.

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  • Preview Petition to Modify a Support Order
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How to fill out Arizona Petition To Modify A Support Order?

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FAQ

Complete the following form: Request for Modification Review - English. Request for Modification Review - Spanish. Mail the completed form along with the documents requested to this address: Modification Packet. Division of Child Support Services. P.O. BOX 40458. Phoenix AZ 85072.

Under Arizona Statute 25-320, the state law declares that the judge can enforce a previous date for when child support payments start. Your ex-partner may have to pay you for up to three (3) years prior to any child custody order of filing.

Three Years: A child support modification can be requested once every three years regardless of the above circumstances. If you have your child support agreement put into place less than three years ago then you are going to need to qualify for a modification along one of the paths listed above.

How to Stop Child Support in Arizona When Both Parents Agree All parties must sign the Agreement to Stop the Income Withholding Order (and Support Order) in front of a Clerk of the Court or a Notary. If DCSS was involved in the child support case, a representative from the agency must also sign the agreement.

Typically, when both parents agree in Arizona, you can stop paying child support if the Court agrees that it is in the child's best interest. Most orders will have a termination date, but sometimes, you will need to submit the Stop Order for an Income Withholding Order.

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Arizona Child Support Modification Simplified