This form is used 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.
Title: Understanding the Various Types of Phoenix, Arizona Motion to Modify Child Support Decree for an Increase in Amount Intro: In Phoenix, Arizona, when circumstances change following a divorce, it may be necessary to seek a modification or amendment to the existing child support decree. This process involves filing a motion to address the need for an increase in the amount of child support. In this article, we will explore the different types of Phoenix, Arizona motions to modify or amend a divorce decree to provide for an increase in child support, offering a detailed description of each. 1. Standard Motion to Modify or Amend Divorce Decree: A standard motion to modify or amend a divorce decree in Phoenix, Arizona entails filing a request with the court to adjust the child support amount. This may be due to a significant change in financial circumstances of either parent, such as an increase in income, change in employment status, or a change in the child's financial needs. 2. Motion to Modify or Amend Divorce Decree based on Custodial Time Changes: When the custodial time arrangements change for the child, it could impact the expenses associated with raising the child. In cases where the non-custodial parent now spends more time with the child, a motion could be filed to modify the divorce decree in Phoenix, Arizona, specifically seeking an increase in child support due to increased parenting time. 3. Motion to Modify or Amend Divorce Decree based on Medical or Educational Needs: Certain situations may necessitate an increase in child support to cover additional costs related to medical or educational needs. A parent can file a motion to modify the divorce decree in Phoenix, Arizona, citing medical expenses, increased healthcare premiums, or educational expenses as the reason for seeking an increase in child support. 4. Motion to Modify or Amend Divorce Decree based on Cost of Living Adjustment: Over time, the cost of living may increase, impacting the expenses incurred in raising a child. In such cases, a parent can file a motion to modify or amend the divorce decree in Phoenix, Arizona, requesting an increase in child support to maintain the child's standard of living in line with the rising cost of living. 5. Motion to Modify or Amend Divorce Decree based on Change in Income or Financial Situation: Sometimes, significant changes in either parent's income or financial situation can warrant an increase in child support. This could arise from a promotion, increased earnings, financial windfall, or even a negative change such as unemployment or reduced income. A parent can file a motion in Phoenix, Arizona to modify the divorce decree, citing the change in income or financial situation as the basis for requesting an increase in child support. Conclusion: In Phoenix, Arizona, a motion to modify or amend a divorce decree to provide for an increase in child support can be pursued in various situations. Whether it's due to changes in custodial time, medical or educational needs, a cost of living adjustment, or altered income or financial circumstances, parents have the option to seek appropriate modifications to ensure the best interests of their children. Consulting with an attorney familiar with family law in Phoenix, Arizona, will ensure a thorough understanding of the specific requirements and procedures involved in each type of motion.
