questions & answers

Question: PP = Parenting Plan CS = Child Support My PP/CS was based on my son living with my ex and being with me on weekends, holidays & school breaks. I agreed to pay her triple CS for 24 months. My PP/CS has yet to be signed off by a judge. My ex has now left my son in my care mon-fri. & attending school in my area. Can I request to rescind the PP /CS agreement based on the fact she is not following the parenting plan submitted? She is of the opinion that since it is essentially a 50/50 parenting plan she is still entitled to the triple CS amount even though she is not following the PP plan.

Answer: If the parenting plan and child support orders are not yet finalized, you can ask the Court to change them.  Once the orders are final, the Court expects you to wait 3 years to have a child support order reviewed (Arizona Revised Statutes, Section 25-503) and at least a year to modify the parenting plan.    A.R.S. Section 25-411 states "A person shall  not make a motion to modify a legal decision-making or parenting time decree earlier than one year after its date, unless the court permits it to be made on the basis of affidavits that there is a reason to believe the child's present environment may seriously endanger the child's physical, mental, moral or emotional health."