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Motion to Modify or Amend Divorce Decree to Provide for Decrease in...

Arizona Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

Category:

Family Law - Divorce - Child Support - Modifications

State:

Multi-State

Control #:

US-00799BG

Format:

Instant download

Description

A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.

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How to fill out Motion To Modify Or Amend Divorce Decree To Provide For Decrease In Amount Of Child Support?

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FAQ

In Arizona, after the divorce has been granted it is possible to modify an existing divorce decree. The burden is on the person seeking to modify it. If there has been: Excusable neglect.

Either parent may request a modification of their existing child support order when there has been a significant and continuing change within the household, such as: Change in income of either party; loss of a job, disability, adding or changing health insurance.

Waiving Child Support Arrears If the child support arrears are due to the custodial parent, then he or she has the right to negotiate a waiver of child support arrears. As with the settlement process, both parties will need to reach and sign an agreement, which the court will need to approve.

Arizona law provides no statute of limitation on child support arrears. Once a court orders a parent to pay child support, and that parent does not pay child support, there is no statute of limitation on collection of the resulting arrears. Similarly, judgments for child support arrears do not expire in Arizona.

It can be done in an agreement that is signed by both parties. It will need to be sent to the Arizona Child Support Clearinghouse so that the account can be closed. If the state has an interest in your case, you will have to get the state's approval to waive past due support.

8 Ways How to Get Your Child Support Arrears Waived Communicate with Your Co-Parent. ... Create a New Written Agreement. ... File the New Agreement with the court. ... See What the Court Decides. ... Tweak the Agreement and Re-file. ... Enter Waiver Negotiations with the State. ... Inform Your Co-Parent. ... Follow the Court's Conditions.

A: Once the owing parent is 30 days behind in payments, the custodial parent may file a petition for contempt. The owing parent will be required to appear in court, and if they fail to do so, they will very likely be found in contempt and may see jail time and/or fines.

How to Stop Child Support in Arizona When Both Parents Agree All parties must sign the Agreement to Stop the Income Withholding Order (and Support Order) in front of a Clerk of the Court or a Notary. If DCSS was involved in the child support case, a representative from the agency must also sign the agreement.