This form is used to justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
Arizona Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support: In Arizona, a Motion to Modify or Amend Divorce Decree to Provide for an Increase in the Amount of Child Support is a legal process in which a parent seeks to modify the existing child support order to account for changed circumstances or to meet the evolving needs of their child. This motion can be filed by either the custodial or non-custodial parent. Keywords: Arizona, Motion to Modify, Amend Divorce Decree, Increase in Amount, Child Support Types of Arizona Motions to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support: 1. Income Change Motion: This type of motion is filed when there has been a significant change in either parent's income, such as job loss, promotion, or increased earning capacity. The party filing must demonstrate that the change in income justifies an increase in child support. 2. Change in Custodial Arrangements Motion: When there is a change in the custodial arrangements or parenting time, either due to relocation or altered custody schedules, a motion to modify child support may be filed to reflect the current circumstances. 3. Increased Expenses Motion: This motion is filed when there is a substantial increase in the child's expenses, such as medical bills, educational costs, extracurricular activities, or special needs. The parent must provide evidence to substantiate the need for increased child support. 4. Cost of Living Adjustment (COLA) Motion: In some cases, child support orders may include provisions for automatic adjustments based on changes in the cost of living. The COLA motion is filed to request an increase in child support based on the specific formula outlined in the divorce decree. 5. Emancipation Motion: If one or more children covered under the original child support order have reached the age of emancipation, a parent can file a motion to modify or amend the divorce decree, removing the child or children from the child support obligation. It is important to note that in all cases, the party seeking the modification must demonstrate a substantial and continuing change in circumstances that justifies an increase in child support. The court will review the motion, examine the evidence presented, and make a decision based on the best interests of the child and the current financial situation of both parents.
