How do you get child support/alimony modified?.

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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

Answers:

Anne Brady / Law Office of Anne Brady

Answered 9 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.


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