Child Support

questions & answers

Question: What happeneds when I get sued for back child support? I don't have a job and I don't own a house.

Answer: A.R.S § 25-327, permits an Arizona court to modify or terminate child support ONLY upon proof of changed circumstances that are both *substantial* and *continuing*. For example, if you lost your job only because of a temporary corporate downsizing or lay-off, and you expect to be brought back on board within a couple of months, then you will not be able to modify support because, although your changed circumstance is certainly substantial, it is not continuing. Similarly, if a man loses his job as a nurse at one hospital, but has the ability to secure immediate employment at another hospital with comparable wages and benefits, then he, too, will not likely persuade the judge to lower child support. (The court will expect him to make best efforts to secure a new job.) If the employment change is serious, long-term and beyond your power to reverse, and you are confident that you qualify for relief, you should turn next to Arizona Family Law Rules of Procedure Rule 91(A) & (B) which set out the procedure for petitioning the court to modify child support.Make sure you read both Sections (A) and (B) *very* carefully, as there are a number of required forms and attachments that you must submit with your petition. You may want to contact an attorney for more legal advice.