When a married couple files for legal separation or divorce, there are many issues which must be addressed and resolved during separation hearings or divorce proceedings. If the couple happens to have children, issues including legal custody, physical custody and child support all become a primary concern for the court in order to ensure the child’s best interests are protected. Resolutions and orders, are handed down by the court as part of the decree of dissolution.
Should one parent wish to make modifications to the original decree of dissolution/final judgment, as it pertains to a child support order, their arguments must be presented in front of a judge by an experienced litigation attorney. This is where a Phoenix divorce lawyer from our firm comes in. Our attorneys have over 70 years combined experience in both divorce law and family law and have been named as members of Arizona’s Finest Lawyers®. Our team of knowledgeable paralegals, investigators and law clerks, allow us to provide our clients with a higher standard of honesty, integrity, and professionalism. We have been AV® Rated by Martindale-Hubbell® as well as listed in the Bar Register of Pre-Eminent Lawyers®. We take the time to thoroughly review your situation, along with the original decree, analyze the legal options available to you, and advise you of the best course of action to pursue. With our firm having represented clients in over 200 combined jury trials, we know what it means to go beyond aggressive when it comes to protecting our clients’ interests and rights.
Making Modifications to a Child Support Order
While the process for attaining child support modifications is similar to the process for child custody modifications, the court must review the following factors when coming to a decision as to whether or not they will approve of the modification to the original child support order:
- The educational, medical, emotional and physical needs of the child.
- The financial obligations, debts and sources of income of both parents.
- If parents have joint physical custody, how much time the child spends at each parent’s house and the associated expenses.
- The standard of living the child had become accustomed to prior to the marriage being dissolved.
- The financial resources (such as trusts) of the child.
- If either parent has been withholding or incorrectly disposing of the payments which were to be directed to the child, as per the original child support order.
The court’s primary concern is the best interest of the child, however, that doesn’t mean that your interests and rights shouldn’t be protected as well. If you feel child support modifications are in order, contact one of our attorneys immediately. We will review your circumstances, help you gather the required documentation, use our investigators to discover any suspected unreported income or misuse of child support payments, and assist you in compiling a true picture for the court.
We understand circumstances in life can change. If you feel modifications need to be made to your child support order, we advise you contact a Phoenix family law attorney at the Cantor Law Group to schedule a confidential consultation. Our offices can be reached 24 hours a day at (602) 254-8880.