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What is a Petition to Modify Child Support “Simplified Procedure”?
This document is filed only for modification of child support when there is a 15% change in the amount currently ordered and the amount of child support you are requesting the Court order. The purpose of this document is for a child support amount be modified without a hearing with the Court entering an order more expeditiously than normal. It is to show the Court in a very clear and concise manner why the support should simply change based on the black and white evidence of changes in your income, costs, number of children, etc. Many times this is uncontested by the other party and the Court will enter a new Child Support Order.
What you Need to Complete the Petition to Modify Child Support “Simplified Procedure”
- You must allege that there has been a “continuing and substantial change in circumstances” warranting the modification and that the new child support amount will reflect at least a 15% difference.
- You must state if the Department of Arizona Child Support Enforcement is involved in your case. If they are, they must be served with the documents you file along with the other party.
- Information regarding the children in your case
- The date and location of where your current Child Support was Entered
- What your current Child Support Order says exactly as to what is currently ordered
- What your “continuing and substantial change in circumstances are (change in pay, change in costs, etc.)
- You must complete a Child Support Worksheet and determine what you want the new amount to be
- When you have that amount you must follow a formula to make sure the new amount changes by at least 15%
- Additional information regarding the Child Support Order such as who should carry the insurance benefits for the child, how the parties should divide income tax dependency exemptions, and other issues that may pertain to a Child Support Order that you wish to request and even keep the same for the new Order.
The formula used to determine if the new amount of child support differs from the old amount by at least 15% is as follows: the difference between the new amount you are requesting/the current amount = percentage of change. This percentage must be at least 15% or you will have to file a standard procedure Petition to Modify Child Support which will be handled essentially as any other Petition to Modify that can be filed.
At the time of filing, you must provide the Court with a Current Employer Information Form as well as a Child Support Order with the amount of child support you want the Court to order. The other party must be served with your filed Petition immediately after filing. They have 20 days to file a Request for Hearing indicating that they do not agree with your proposed changes and what to appear before a Judge.
If the other party does not file a Request for Hearing, the Court will wait the proper amount of time and will enter the order you submit and mail a copy to you and to the other party. When providing the Child Support Order, you must provide a postage paid envelope for you and the other party with enough postage for the Court to mail the Child Support Order when it has been entered.
You will need to request financial information from the other party if the matter is contested and goes to a hearing. You can obtain instructions on how to do this by visiting our website and reviewing our disclosure and discovery sections. To do this, all you have to do is sign up for a free Access Legal Account now!