|* AZ CHILD SUPPORT MODIFICATION INFORMATION *|
FOR CHILD SUPPORT ENFORCEMENT OR TO STOP THE IWO
(Income Withholding Order)
PLEASE VISIT www.AZChildSupportAdvocates.NET
Child Support in the State of Arizona is set by the Supreme Court of Arizona through the "ARIZONA CHILD SUPPORT GUIDELINES". The most recent guidelines were adopted by the court for actions filed after May 31, 2011.
If the MOST RECENT child support order was ordered in Arizona and any time there is continuing changes in the circumstances that results in a change of 15% in the child support amount, either party may request to modify the child support amount using the "simplified" procedure.
We suggest that before you start, you calculate the child support in accordance with the current situation to see if you have enough of a change to pursue a simple modification. Even if one or more of the children have now turned 18 and have finished high school, the child support may be more now for one child then it was for two children 10 years ago when the child support was first ordered.
To calculate the child support amount, you can try using the ARIZONA SUPREME COURT CHILD SUPPORT CALCULATOR. Have the following information ready in order to complete the calculation in accordance with Arizona state guidelines:
Should you have challenges, you can always call us to get additional information or a free child support calculation but again, please have the information ready when you call.
* AZ CHILD SUPPORT MODIFICATION - SIMPLIFIED PROCEDURE *
Both parties monthly gross incomes based on full time employment. If you don't know what the other party is earning, you have a couple of choices. You can make an educated guess by doing some research though www.salary.com or calling around business of that profession or you can request the information from the employer under the EMPLOYER INFORMATION LAW which states what information is required to be provided by an employer of a party involved in a matter where child support is ordered. You can print out a sample EMPLOYER INFORMATION LETTER and mail it off to the employer according to the instructions but keep in mind that the employer has 20 days to comply with the request which them my choose NOT to do, so you could be prolonging the modification process for no reason.
A yearly amount for child care, if any, keeping in mind that sometimes it is different in the summer.
Monthly amount for medical, dental, vision insurance premiums being paid for the children's portion only. (Employee out of pocket costs minus Employee plus children out of pocket costs.)
An idea of parenting time being exercised at this time.
PIMA COUNTY ORDERS
Once you have completed the "Request to Modify Child Support Amount (Simplified Procedure)" and the "Parent's Worksheet for Child Support Amount, make 2 copies - one for you and one to be served upon the other party. File the original with the appropriate fee with the Clerk of the Superior Court at 110 W. Congress. If you are the Respondent/Defendant and have never paid an appearance fee or attended your class, you may be required to pay these fees when you file. To check to see if you will be required to pay the appearance fee and how much it is, you can call the court at (520) 724-3210 or you can look up your case online. (Click PIMA CO. RECORDS above.)
The other party MUST be legally “served” the stamped copy of Request to Modify Child Support Amount, Parent’s Worksheet for Child Support Amount (completed by requesting party), Request for Hearing (Instructions and blank form), Parents Worksheet for Child Support Amount (Instructions and blank form). Call Jody Chamberlain at JCC Legal Support at (520) 247-6800 for more information.
Upon legal service, the other party has 20 days to file a REQUEST FOR A HEARING (30 days if out of state). Although the other party is SUPPOSED to notify you of a hearing date should it be requested, it is not required to show proof that your were indeed notified, so a hearing may be requested and you may never hear about it. (The court is NOT required to notify you either.)
Wait 20 calendar days (30 calendar days if the other party was served out of state) after the day of service. If you do not receive notice of hearing from the other party either by mail or by process server, check to see if hearing was requested by calling the court Information Desk at (520) 724-4240 or check online. If a hearing was requested, go to the hearing and the judge will decide then.
If no hearing was requested, take the completed "Child Support Order, Income Withholding Order and Obligee/Obligor Fact Sheet" with 2 copies of each to the Pima County Clerk of the Superior Court to have signed and ordered by the judge or commissioner. (Special note: On page 2 of the Child Support Order, Item 1, note that an effective date may be entered. The effective date may be the first of the month after the filing of the Request to Modify Child Support Amount. Please be sure you fill in the date. If you do not, the order will be effective the first of the month after the Judge/Commissioner signs and enters the order.) When you take the final orders to the court, go to Rm. 121 on the first floor which is the reciprocal office and they will take the papers to the appropriate judge for signature.
Once you get the signed and dated Child Support Order, Income Withholding Order and Obligee/Obligor Fact Sheet back from the court, make five (5) more copies for a total of seven (7) copies. Keep the copy with the red and blue court copy stamp in the corner for yourself. Mail one of the copies to the other party. Mail one of the copies to the employer of the paying party. Mail one of copies to the "Clerk of the Superior Court, Attn: CHILD SUPPORT RECIPROCAL RM 121, 110 W. CONGRESS, TUCSON AZ 85701. Mail one copy to ARIZONA CHILD SUPPORT ENFORCEMENT, Tucson Office, Attn: Accounting, 7202 E. Rosewood, Suite 100, Tucson, AZ 85710. Mail one copy to the Support Payment Clearinghouse, PO BOX 52107, Phoenix, AZ 85072-2107. Also, it is a good idea to hand deliver a copy to the ARIZONA CHILD SUPPORT ENFORCEMENT, Tucson Office if you can but when you go, take an extra copy and have the receptionist stamp or initial it so you have proof that it was delivered to them.
After 30 days, check to make sure the Payment Clearinghouse computer records have been updated. You should be able to do this by calling the court at(520) 724-3250. Be sure to ask the date of the change and that it is the correct date – page 2 of the child support order. If it is not correct, ask the court if they can change it or if you need to change it through Child Support Enforcement. If you need to change it with Child Support Enforcement, your best bet is to go down and ask to speak to someone about incorrect information entered on the Payment Clearinghouse computer and don’t leave until you know that it has been corrected. They are “Customer Service” and are supposed to be nice to you.
CHILD SUPPORT MODIFICATION ~ DID-U-KNOW?
Although the law states that when there is a child support order in place, incomes, addresses and employers needs to be exchanged every 2 years, ANY TIME there is substantial continuing change in the circumstances, either party may request a modification of child support. In order to do the "Simplified Procedure" the child support amount must be 15% different.
Child Support does not change automatically. Child support goes on until the child either turns 18 or finishes the senior year in high school. If a child is still in high school and turns 19, child support ends at 19. When the youngest child reaches this point, one of the parties must request that the Income Withholding Order (Child Support being taken out of one's pay) stop. It does NOT stop automatically.
If you don't know how much your ex makes and you want to modify your child support, under ARS 25-513, you can request such information from the employer (or your ex if self employed) by simply writing and sending it first class mail. Under the law, this information must be provided within 20 days of the request.