How Can Child Support Be Lowered in the State of Arizona?
One of the most common motions Arizona divorce attorneys are asked to handle are reductions in child support. If your financial circumstances have changed since child support was set, you may qualify for a modification. The only way to know is to call and set up an appointment with a skilled attorney. They can review your marriage settlement agreement as well as the current child support guidelines. This way, they can give you an honest opinion as to whether your motion will be granted.
Why Do You Want Your Child Support Lowered?
One of the first things the judge is going to ask if why you want your child support reduced. You’ll have to explain all of this in your motion. Some of the reasons why you may want to file a motion to modify child support include:
- You’re making a lot less money than you did before
- One of your children are now over the age of 18 and is not attending college
- You’re very sick or even terminally ill and can’t afford to pay the full amount
Be prepared to supply evidence for whatever reason you give for the modification.
Your Arizona Divorce Attorney Can Only Do So Much
When it comes to child support, your Arizona divorce attorney doesn’t have a lot of control. The court is going to rely on the child support guidelines. It’s a bit different from when you file a motion to modify alimony. At least with alimony, there is no set formula the court has to use. Be realistic when you file your motion. You don’t want to expect your Arizona divorce attorney to perform miracles. They are bound by the law. However, you will have a better chance of getting your support reduced if an experienced attorney files the motion for you. They know the law. They also know how the child support guidelines work.
The Judge Will Rely on the Child Support Guidelines
Despite what a lot of people think, there isn’t a whole lot that goes into determining child support. The judge’s clerk will simply plug some financial numbers into a computer program. There is a formula that will determine how much you have to pay. The software doesn’t lie. But it also doesn’t let you manipulate it. There are very few circumstances in which the court will go outside the child support guidelines. If you are hoping this will happen, you better have a lot of evidence showing that the support amount should be reduced.
Talk to a Skilled Arizona Divorce Attorney As Soon as Possible
It’s not unusual for a client to ask their Arizona divorce attorney to get their child support reduced. When you get divorced, your attorney will work out a child support arrangement with your ex’s attorney. If they can’t come to an agreement, the judge will simply impose a court order for support. This order will be based on the Arizona child support guidelines. There really isn’t a lot of wiggle room when it comes to the amount of child support you’ll have to pay.
If you really feel that your child support should be lower, you can file a motion with the court. They’ll look at your financial information and determine how much you should pay. If it’s the same amount you’re already paying, the judge isn’t going to change it. Of course, if it’s lower, then the judge will lower it. Just remember – you’re taking a risk. There’s always the chance that your child support goes up. The only way to know for sure is to talk to an experienced Arizona divorce attorney as soon as possible.