How do you get child support/alimony modified?.

UPDATED: Jun 26, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 26, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do you get child support/alimony modified?.

I’m trying to find help for my father. He is recently both divorced and retired, with a 17 year old daughter. He was never served papers, therefore never went to court, but was required to pay spousal support and child support. It seems the amount he is paying is excessive, and only leaving him with approx $100 per month for his retirement. Is there any way to have this amount recalculated? From what I understand, only half of his income can be taken.

Asked on June 26, 2012 under Family Law, Arizona


Anne Brady / Law Office of Anne Brady

Answered 10 years ago | Contributor

You can always petition the court to modify the award, but without a change in circumstances, it is unlikely to be granted.  I find it odd that he was never served and yet this judgment was entered.  Was he intentionally ducking the process server?  How is it the court could find him to get him the support order, but no one could serve him with the divorce papers in the first place?  Arizona does allow for service by publication in a newspaper if someone intentionally ducks the process server.  I think there is probably something he is not telling you.  How long until the daughter turns 18?  Graduates from high school?  Please see A.R.S. section 25-320.  At least he will not have to pay the child support for very long.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption