Free INSTRUCTION FOR REQUEST TO MODIFY CHILD SUPPORT - Arizona

REQUEST TO MODIFY CHILD CUSTODY
(SIMPLIFIED PROCEDURES)

PINAL COUNTY
To Change Only the Current Monthly Child Support Amount INSTRUCTIONS AND FORMS
Provided as a Public Service by Kristi Youtsey Ruiz Clerk of the Superior Court

© Superior Court of Arizona in Pinal County February 14, 2006 ALL RIGHTS RESERVED

Request to Modify Child Support Instructions & forms Use most current version

INSTRUCTIONS AND FORM FOR REQUEST TO MODIFY CHILD SUPPORT
(Simplified Procedures)
COMPLETE THIS FORM IF: You have a Arizona child support order and believe the amount of support should be changed, and You have completed a Parent's Worksheet for Child Support form and it results in a child support amount (item 35) that varies 15% or more from the amount of your current child support order. See example for item 12 of this form.

TO COMPLETE THIS FORM YOU WILL NEED: A COPY OF YOUR CURRENT ARIZONA CHILD SUPPORT ORDER A COPY OF THE ORDER OF ASSIGNMENT FOR THIS CASE A COMPLETED PARENT'S WORKSHEET FOR CHILD SUPPORT.

NOTE: Generally you should file this Request to Modify Child Support in the County where the order you are seeking to modify was entered. NOTE: There is a filing fee for filing this Request to Modify Child Support. There may be other charges including an appearance fee if this is your first appearance in this case. If you cannot pay these fees, you may request the fee be deferred or waived. The Clerk of the Superior has the necessary forms to ask for a deferral or waiver. FOLLOW THESE INSTURCTION NUMBERED TO MATCH THE INDENTIFYING NUMBERS ON THE FORM. TYPE OR PRINT NEATLY USING BLACK INK. (1) Fill in the name, address and phone number of the person filing the Request to Modify Child Support. (An Attorney must also list the name of the person represented and the attorney's State Bar Number). (2) Fill in the name of the county where you are filing this Request to Modify. (This may already be printed on the form). (3) Fill in the name of the person shown as the Petitioner on your child support order. (4) Fill in the name of the person shown as the Respondent on your child support order. (5) Fill in the case number that appears on your Arizona child support order. (6) Fill in your name and circle the correct word to identify yourself as the Obligor (person paying support) or Obligee (person receiving support). (7) Fill in the date on which the judge or commissioner signed your current child support order. (8) Fill in the name of the judge or commissioner who signed your current child support order. (9) Fill in the name of the person ordered to make child support payments.

© Superior Court of Arizona in Pinal County February 14, 2006 ALL RIGHTS RESERVED

Request to Modify Child Support Instructions & forms Use most current version

(10) Fill in the amount and payment due date of your child support order as it was ordered by the court. (Example: $150.00 per month payable on the 1st day of the month or $150.00 per month payable one-half on the first half and one-half on the 15th of the month). (11) Fill in the amount from item 35 of your completed Parent's Worksheet for Child Support. (12) Calculate the percentage of change between your current support amount and the amount calculated pursuant to the Parent's Worksheet. To determine the percentage, subtract the larger amount for the small amount. Divide that number by the current support amount. a. Fill in the difference between the amount of child support ordered and the amount requested. b. Fill in the amount of the child support currently ordered. c. Enter the percentage change calculated by dividing the amount for "a" by the amount for `b". The current child support order is $225. The Parent's Worksheet calculation result is $270. $270 - $225 = $45 ÷ by $225 = 20% (13) If you receive services from the Division of Child Support Enforcement (DCSE) or you know the other party does, mark the box for "yes". Otherwise, mark the box for "no". (14) If there is an Order of Assignment for automatic withholding of child support payment, fill in the date on that order. If the amount withheld pays for more than the current child support, list the other amounts included in the total amount listed on the Order of Assignment. (15) Fill in the amount from item 11 of this Request. (16) Date and sign here before a Notary Public or a Deputy Clerk of the Clerk of Superior Court. By signing, you are stating under oath that the contents of this Request are true and correct to the best of your knowledge.

WHEN YOU HAVE COMPLETED THIS FORM; COMPLETE ORDER OF ASSIGNMENT AND CHILD SUPPORT ORDER FORMS:
Order of Assignment form: Complete the name of Petitioner, name of Respondent and case number for the Order of Assignment. Do not continue further, the court staff will complete the rest of the form at appropriate time. Child Support Order: Complete the name and date of birth for the Petitioner, name and date of birth for the Respondent, case number. Fill in the name of mother, father, child(ren) and date of birth of child(ren) for #1 for the Child Support Order. Do not continue further, the court staff will complete the rest of the form at appropriate time. File the Request to Modify Child Support, Completed Parent's Worksheet for Child Support, Child Support Order and Order of Assignment with the Clerk of the Superior Court.





© Superior Court of Arizona in Pinal County February 14, 2006 ALL RIGHTS RESERVED

Request to Modify Child Support Instructions & forms Use most current version



If the box for item 13 is marked "yes" to indicate that one of the parties is using the child support enforcement service of the Department of Economic Security (DES), notice of this action MUST be given to that office. Mail a copy of the "Request to Modify Child Support" and a copy of the "Parent Worksheet for Child Support Amount" to: Pinal County Attorney Division of Child Support Enforcement PO Box 608 Florence AZ 85232



Serve the following items on the other party: A copy of your completed "Request to Modify Child Support", and A copy of your completed "Parent's Worksheet for Child Support"

Some counties also REQUIRE that you serve these items: A blank copy of the Request for Hearing and Notice of Hearing form with instructions, and A blank copy of the Parent's Worksheet for Child Support Amount with Instructions.

To "Serve" means to use the legally required method of delivering notice or documents, pursuant to Rules 4.1 and 4.2, Rules of Civil Procedures. The most common method of service on a party is personal service by a private process server or sheriff office. Process servers are listed in the yellow pages. The process server or sheriff prepares an Affidavit of Service, indicating the date and time service was made. The Affidavit of Service is proof of service on the other party and the Affidavit must be filed with the Clerk of the Superior Court.

© Superior Court of Arizona in Pinal County February 14, 2006 ALL RIGHTS RESERVED

Request to Modify Child Support Instructions & forms Use most current version

(1)Person Filing Document: _ Your Mailing Address: Your Telephone Number: Attorney Bar Number (if applicable): Representing Self (Without Attorney) OR Attorney for

Petitioner

Respondent

IN THE SUPERIOR COURT OF ARIZONA
(2)

PINAL COUNTY
Case No: (5) .

Regarding the Matter of: (3)

Name of Petitioner,

REQUEST TO MODIFY CHILD SUPPORT
PURSUANT TO GUIDLEINES SIMPLIFIED PROCEDURES

and

(4)_____________________________ Name of Respondent

IMPORTANT NOTICE TO PARTY NOT REQUESTING THE MODIFICATION
YOUR SUPPORT ORDER MAY BE MODFIED IF YOU DO NOT REQUEST A HEARING

I, (6)

, ask this court to modify the Arizona child support order in

this case entered on (7) ______/ _______/______ by (8) ___________________________________. 1. The child support order currently in effect requires (9) __________________________________ to make payments of (10) $_____________ per ______________ , payable on the ___________ day(s) of the month. 2. Attached is a Parent's Worksheet for Child Support. According to the worksheet calculations (item 35), the child support amount should be (11) $__________________ per month. 3. The following calculations show that the requested change varies from the current ordered amount by 15% or more. (12) _(a)____________________ ÷ _(b)____________________ = __(c)_____________% a = the difference between the amount currently ordered and the amount requested. b = the amount currently ordered ; and

c = the percentage change

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© Superior Court of Arizona in Pinal County February 14, 2006 ALL RIGHTS RESERVED Request to Modify Child Support Instructions & forms Use most current version

4. Is the Department of Economic Security (DES) providing child support enforcement services to at least one of the Yes No Unknown parties? (13) 5. Other court-ordered payments included in the current Order of Assignment dated _____/_____/_____ (14) Spousal Maintenance Payment on Arrears: Child Support Spousal Support Other $____________ per _______________ $____________ per _______________ $____________ per _______________ $____________ per _______________

WHEREFORE, I request that child support be ordered in the amount of (15) $_______________ per month and that relief requested in the Parent's Worksheet be ordered. If this matter goes to hearing, I further request that costs and fees incurred in bring this action be ordered to be paid by the opposing party. I have read this document and the information given here is true and correct to the best of my knowledge. (16)Dated ___________________________ STATE OF ARIZONA County of Pinal ) ) ss. )

______________________________________
Requesting Party

Subscribed and or sworn or affirmed and acknowledged before me this date: ______/______/______ My Commission Expires: ______________________________________ Notary Public or Deputy Clerk

NOTICE TO PARTIES
If you do not agree with the modification, you have twenty days in which to ask for a hearing on the requested modification. If service of process is made outside the State of Arizona, the parent receiving service has 30 days in which to ask for a hearing on the requested modification. Upon proof of service and if no hearing is requested within the time allowed, the court will review the request and enter an appropriate order modifying the support award. If an error is noted the amount awarded may be different from the amount requested, but there will be no greater modification then requested. In the event the court has serious concerns regarding the accuracy of the information, or if a substantial mathematical error is found, the court may set the matter for hearing. If either party requests a hearing within the time allowed, the court shall conduct the hearing. No order shall be modified without a hearing if a hearing is requested. If you wish to request a hearing, you may obtain the following forms from the office of the Clerk of the Superior Court free of charge. These forms may be in your packet. Request for Hearing and Notice of Hearing Parent's Worksheet for Child Support Amount

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© Superior Court of Arizona in Pinal County February 14, 2006 ALL RIGHTS RESERVED Request to Modify Child Support Instructions & forms Use most current version