Law Offices of Matthew S. Schultz, P.C.

Obtaining child support modifications because of a hardship

Generally, a child support payment is based on how much a noncustodial parent earns. The goal when crafting a child support order is to ensure that the child's needs are met. However, if parents in Arizona experience a job loss or other financial hardship, it's possible to ask for to have a child support order modified. The order can be modified either temporarily or permanently depending on the reason for a parent's financial hardship.

In some cases, the parents themselves will negotiate a change to a child support order on their own. In most cases, a court will approve any agreement that parents create between themselves assuming that they are reasonably close to state guidelines. Those who are seeking a modification in court must typically file a motion and then alert the other parent of the pending legal action.

Regardless of why a parent wants a support order changed, they should be able to provide proof of a financial hardship. It's important to note that a custodial parent may ask for additional support if they lose a job or face other financial difficulties. An individual should ask for a modification as soon as possible as there is generally no way to modify an order retroactively. This means that the noncustodial parent will need to make past due payments even if an order is modified.

Individuals who are having trouble paying child support on time may want to ask a judge to modify a current order. It's also possible for parents to negotiate a modification on their own in an effort to preserve the child's best interests. Legal counsel may help a parent obtain a new child support order whether the agreement is reached through informal talks or formal legal action.

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Law Offices of Matthew S. Schultz

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