questions & answers

Question: My divorce was settled on May 20, 2009. We have 50/50 custody of our 13 year old son. No child support was assigned because we both were working and made similar incomes. I lost my job on June 20, 2009 would I be able to get child support from my x-husband with the 50/50 custody until I find another job?

Answer:

Child support modifications are covered under A.R.S. 25-503 (E), which states the following:

E. Any order for child support may be modified or terminated on a showing of changed circumstance that is 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. Modification and termination 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. The order of modification or termination may include an award of attorney fees and court costs to the prevailing party.