Maximizing Your Child Support: Key Steps in Establishing and Modifying Orders in Arizona

Child support is one of the most important legal responsibilities that arise after a separation or divorce.

In Arizona, courts prioritize the best interests of the child, and ensuring proper financial support is a key part of that. Whether you’re establishing a new child support order or looking to modify an existing one, knowing how the process works can make a significant difference in the outcome.

• Understanding How Arizona Calculates Child Support
• When to Request a Child Support Modification
• Common Reasons for Child Support Modifications
• Legal Steps to Modify Child Support Orders in Arizona
• Enforcing Child Support Orders and Addressing Non-Payment
• Important Things to Remember
• How Lucas Law Can Help with Your Arizona Child Support Case 

Many parents find the child support system confusing, especially when their financial circumstances change. Understanding when and how to seek a modification can help you stay compliant with court orders while still protecting your financial well-being. Conversely, if your child’s needs have grown or the other parent’s income has increased, you may be eligible for higher support.

Licensed Legal Paraprofessional Alison Lucas at Lucas Law has helped parents across Maricopa, Pinal, and Pima counties navigate Arizona child support laws for over 20 years. If you need help establishing fair support or modifying your existing order, her experience and commitment to client advocacy can help ensure the best result for your family.
How Child Support is Determined in Arizona

In Arizona, child support is determined using a standardized formula designed to ensure both parents contribute fairly to the cost of raising a child, including medical expenses. This formula is outlined in the Arizona Department of Economic Security guidelines. Arizona Child Support Guidelines are updated every four years to reflect changes in the economy and the child’s needs.

The calculation begins by assessing the gross income of both parents. This includes wages, bonuses, rental income, pensions, unemployment benefits, and income from self-employment. From this, the court calculates the total child support obligation, based on a schedule of basic support obligations provided by the state.

Once the basic amount is established, the court adjusts the total based on:

• Parenting time (how many days each parent has the child)
• Health insurance premiums
• Childcare costs
• Extraordinary expenses, such as for children with special needs

Once these adjustments are made, the final child support order is issued. Either parent can request a review if they believe the amount is unfair or incorrect.

Arizona courts are responsible for enforcing child support orders. Strive to establish child support arrangements that are in the best interest of the child, taking into account each parent’s financial ability.

Arizona law allows a modification of child support when there is a substantial and continuing change in circumstances that can justify a modification case.

Under A.R.S. § 25-503, either parent can file a petition to modify child support when this threshold is met.

If the change in financial circumstances or parenting time is large enough to affect the support calculations by 15% or more, that usually qualifies as a “substantial and continuing” change.

For example, if one parent used to spend weekends with the child but now has 50/50 parenting time, this could significantly reduce their child support obligation. On the other hand, if the custodial parent is now covering more of the child’s health care and school costs, they may request an increase in child support.

1. Job Loss or Significant Income Reduction

If a parent has been laid off, had their hours cut, or experienced other employment setbacks, they may be eligible to request a modification. It’s crucial to file quickly, as child support does not change retroactively unless you have a court order.

2. Increased Needs of the Child

Children may develop new needs, such as special medical treatment or private education. These costs can justify a child support increase if they exceed the amount covered by the current order.

3. Change in Custody or Parenting Time

A change to the custody arrangement can directly affect child support. If the non-custodial parent now spends significantly more time with the child, this could lower their support obligation.

4. Parental Relocation

If one parent moves to another city, such as Tucson or Chandler, and this impacts parenting time or expenses (like travel costs), it might justify revisiting the child support order.

5. Addition or Loss of a Child

If a parent has additional children from another relationship or one child reaches the age of majority, it could affect the amount of child support owed.

Modifying a child support order in Arizona requires a few key legal steps in a child support modification case:

1. File a Petition to Modify Child Support: This can be done through the Arizona Family Court. You will need to include current financial documents and proof of the significant change in circumstances.

2. Serve the Other Parent: Legal service ensures the other party has notice and an opportunity to respond.

3. Attend a Hearing (if necessary): If both parties don’t agree to the change, the court may schedule a hearing.

4. Obtain a New Child Support Order: Once approved, the court issues a new child support order that reflects the updated situation.

If your case involves a custody modification as well, the court will also look at how the change serves the best interests of the child (A.R.S. § 25-403).

It’s highly recommended to work with an experienced legal paraprofessional like Alison Lucas, especially when filing a modification request involving complicated income, shared custody, or new spousal maintenance obligations.

Unfortunately, not all parents comply with court-ordered child support payments.

Arizona offers several enforcement mechanisms through the child support system to ensure parents are paying child support. Division of Child Support Services (DCSS).

These include:

• Wage garnishment

• Tax refund interception

• Suspension of driver’s or professional licenses

• Liens on property

If you are owed unpaid child support, you have legal options to collect it. The court can enforce back support going back several years and may even impose interest or penalties.

Alison Lucas at Lucas Law, a skilled family law attorney, can assist in enforcing child support orders. This can be especially challenging when the other parent is not paying child support. Whether through legal action or administrative remedies, she can help ensure your child receives the financial support they are entitled to.

• Arizona uses a formula-based system to calculate child support; however, the final order may vary depending on the specific facts.
• A substantial and continuing change in circumstances is needed to modify child support.
• You must file a petition and obtain a new court order before any changes take effect.
• Child support enforcement tools include garnishment, license suspension, and property liens.
• Parenting time, spousal maintenance, medical costs, and new children can all affect your support obligation.
• Working with a legal paraprofessional ensures compliance with court rules and maximizes your chances of success.