If I’m paying child support but my income has been reduced by 70% in the past 2 years, is an adjustment warranted?

My ex-wife has made double my income the past 2 years but she refuses to adjust my child support payments. Legally I am bound to this? I understand but think I have a pretty good case for an adjustment. I have fallen behind due to a job change, etc in the past 6 months and now she is threatening to keep items (furniture, etc.) that I loaned her until I pay her the lagging amount.

Asked on July 2, 2012 under Family Law, Arizona


Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

Yes, you have the right to request a modification of your child support based on this significant change in circumstances.  In Arizona, in fact, you can apply for a modification by filing a form with the Division of Child Support Enforcement at the Az Department of Economic Security.  But you are likely still going to be on the hook for the amount that you fell behind before the modification was requested and approved.

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