Q: In Arizona Superior Family Court, if I filed a petition to modify my child support because my income changed drastically in June of 2012 and my hearing is finally set Dec 2012 what are my chances my income deduction order will be back dated to June 2012 income to reflect that amount for child support calculations and payments? I have continued to pay child support but not the full amount that was on original court ordered because I can’t make that amount due to my income I have also continue to pay for medical insurance for my child which I am not court order to do so but have kept coverage for her this entire time no gaps in coverage. I have also applied to withdraw a loan from my retirement plan so that I can show the judge that even though I am not making the same income I still continue to pay child support and want to have security to let the judge know that I can pay difference from my loan.
A: Chances are really good that that your income deduction will be back-dated to reflect your change in income. The change however will probably take place the 1st day of the month following the date that the other party was served with notice of your request to modify child support. So, if your wages change drastically in June and you made the request in June, then the child support modification will probably go back and take effect as of the 1st of July.
I would hold off on your request to take money out of your retirement until you see how the judge rules on your modification request. Your retirement should be used when you are in a more dire financial situation and may not be necessary if your modification is granted. Take a wait and see approach with that step.
As far as you paying the insurance for the child, make sure to report it on your child support worksheet and make sure that the judge takes it into consideration when making a determination on your child support modification request. It is good that you are being pro-active and that you are keeping good documentation of everything that you are doing regarding your child support.
Re-Published from: AVVO Legal Questions and Answers
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