questions & answers

Question: My husband was laid off work back in September and relocated to NM to start a business, which has proven successful. I will be seeking employment there as well, and gave notice to my current employer that my final day of work will be 12/4/09. I will be self-employed and working as a substitute teacher until I find a job in NM. How do I request a modification to my current support amount as I will experience a significant loss of income? How do you create a new parenting worksheet when you don't know how much your monthly income will be? What steps do I need to take to start this process?

Answer:

Considering the change in state and in employment, you may want to consult with an attorney to see how the laws apply to your specific situation. The following is general information about child support modification in Arizona.

Rule 91(B) of the Rules of Family Law Procedure discuss modification of child support in Arizona. General information about modification is located at A.R.S. §  25-503 (F), subsection F of the statute states:

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.

Generally, Arizona statuts regarding family law can be found in Title 25 of the Arizona Revised Statutes (A.R.S.) You can also find the Arizona child support calculator on the Arizona Supreme Court's website.

You may want to consult with an attorney that practices family law to find out how the laws apply to your situation.