ASK ANGIE^TM
By Angela Hallier, Esq.
Answers to your divorce and family law questions

Q My ex-husband just changed jobs and based on his new home and new car, I think he is earning significantly more than when we divorced. How do I find out what he is earning and what is the easiest way to change my child support amount?

A Under Arizona law, child support may be increased or decreased any time a "substantial and continuing" change of circumstances occurs with regard to any of the factors used to calculate child support, such as changes in: income, the amount of spousal maintenance you pay or receive, childcare expenses, education expenses, health insurance premiums, or parenting time. For example, your incomes may remain the same, but if you change the amount of time you spend with your children, the change may warrant an adjustment to child support.

The Maricopa County Superior Court has designed an easy-to-use program for modifying child support awards through its "Expedited Services" division. This program was designed to assist parents in modifying child support without hiring an attorney, although certainly an attorney can assist you in any stage of the process. Simple forms requesting a change in child support can be downloaded from the court's website (www.superiorcourt.maricopa.gov/ssc/forms/forms_available.asp), filed with the court, and served on the other parent. If that parent does not file an objection within a specified time period, your request will be granted. If that parent objects to the modification of support, a conference officer will meet with both of you and, based on the information you provide, will make a recommendation to the judge as to a new child support amount.

You will go before the judge only in the event that one of you objects to the conference officer's recommendation; otherwise, the recommendation will automatically become an order of the court. This process is likely not the best option if the combined gross monthly incomes of you and the other parent exceed $20,000 per month or, if one of you is self-employed and determination of your actual income is complicated (reportable income for tax purposes is not necessarily the amount of income that will be used to determine child support). In such cases, a judge is better qualified to determine whether child support should be modified.

To easily obtain information about the other parent's income and employment benefits, send a written request (via first class mail) to his or her employer. If you are a party to a proceeding for child support (or spousal maintenance), the employer has only 20 days under Arizona Revised Statute 25-513 to provide the requested information. You may make only one request every 90 days.

You should also be aware that new Arizona Child Support Guidelines took effect on January 1, 2005. The most significant changes are a lower basic child support amount at higher levels of income and a higher basic child support amount at lower levels of income. Also, the new guidelines provide that, under certain circumstances, when the income of the parent with whom the child primarily resides is significantly higher than the non-custodial parent's income, he or she may be ordered to pay child support to the non-custodial parent. To calculate child support under the new guidelines, go to: www.supreme.state.az.us/childsup/.

It is always advisable to seek the counsel of a qualified attorney who can advise you specifically about your case. The information in this column is provided for general information only in the state of Arizona, is not specific to any one case and does not create an attorney-client relationship between the author and the reader. ©2003 - 2008 Hallier Law Firm PLC

ASK ANGIE^TM is published monthly in Arizona Trends Magazine.