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When parents in Arizona divorce or separate, one of the crucial issues they must address is child support payments.
These payments are designed to ensure that the children receive the financial support needed from both parents, based on various factors, including the parent’s income, the number of children, and other expenses.
Over the last few years, inflation has been impacted by a variety of economic events, including global pandemics, rising fuel prices, and food shortages, which can have far-reaching consequences for child support payments.
Unfortunately, inflation can significantly impact child support payments over time, leading to missed payments or payments that are not enough to cover the child’s needs.
In this article, we’ll explore how economic events can affect inflation and the cost of living and how it affects child support payments in Arizona. We will also discuss what parents can do to ensure they can continue to provide for their children, the legal process for modifying child support payments, and how an experienced child support lawyer from Colburn Hintze Maletta can assist you in navigating these complex legal matters.
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Inflation, Cost of Living, and Modifying Child Support Payments in Arizona
Some of the Key Economic Events that Can Impact Inflation and Cost of Living Adjustments in Arizona Include:
- Global pandemics, such as COVID-19, can disrupt supply chains, increase demand for certain goods, and result in rising prices.
- Rising fuel prices can increase transportation costs and impact the price of goods and services.
- Food shortages can result in rising food prices and impact the overall cost of living. Remember the eggs and dairy issue?
- Changes in government policies, such as changes to tax rates or monetary policy, can impact inflation and cost of living adjustments.
It is important for parents in Arizona to understand how these economic events can impact inflation and cost of living adjustments and take appropriate steps to ensure that child support payments continue to meet the needs of the child.
But there is hope! We understand that issues beyond your control can make it seem almost impossible to keep up with paying child support.
If you find yourself in a position where it’s hard to maintain your payment schedule, there are options to modify your support payment amounts.
How Do I Modify Child Support Payments?
Modifying child support payments in Arizona requires filing a petition with the court. The petition should outline the reasons why a modification of child support payments is necessary.
The court will consider whether there has been a significant change in circumstances since the last child support order was issued.
Examples of situations that may warrant a modification include:
- Changes in income
- Death or life-altering medical issue
- Job loss, or
- Increased living expenses.
If the court determines that a significant change in circumstances has occurred, it will consider the best interests of the child when deciding about modifying child support payments.
The court may consider factors such as the child’s financial needs, the parent’s financial resources, and the standard of living the child would have had if the parents had remained together.
5 Steps to Modify Child Support Orders:
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- Gather evidence of a substantial and continuing change in circumstances, such as changes in income, employment, or medical expenses.
- Complete the necessary paperwork to request a modification of the child support order.
- Serve the other parent with a copy of the modification request and any supporting documents.
- Attend a court hearing to present evidence supporting the modification request.
- If the court approves the modification request, a new child support order will be issued, reflecting the changes in circumstances.
If a parent needs to modify child support payments outside of the automatic cost of living adjustment process, they must file a request with the court. The court will then review the request and determine whether to modify the child support order.
What is a Cost of Living Adjustment?
A cost of living adjustment (COLA) is an increase in wages or other benefits proportional to the rising cost of living.
This adjustment is used to maintain the purchasing power of employees throughout the state, as inflation or other economic factors can cause prices to rise and make it more difficult for workers to afford basic necessities.
In Arizona, the COLA is based on the Consumer Price Index for All Urban Consumers (CPI-U), which is calculated by the U.S. Bureau of Labor Statistics.
The CPI-U measures the changes in prices of goods and services purchased by urban consumers, including food, housing, transportation, and medical care.
COLAs are typically calculated annually by measuring changes in a specific area’s cost of living index. In addition, these adjustments may also be made if an employee’s salary falls significantly behind market rates for their occupation.
By making these adjustments, employers should ensure that their employees have access to a livable wage and can keep up with the rising costs of living in Arizona. However, that isn’t always the case.
What if the Paying Parent Cannot Afford the Increase?
A few options are available if the paying parent cannot afford the increase in child support payments.
- The first step is to get in touch with a child support lawyer from CHM Law. Our attorneys will work hard to fight for you and contact the state’s child support enforcement agency to see if they can provide assistance. The agency may offer a payment plan or other solutions to help make the payments more manageable.
- Another option, as difficult as it may be, is to reduce expenses to save more money for the payments. This could mean cutting back on unnecessary expenses or saving money.
Finally, it might be possible to negotiate a lower payment amount with the receiving parent to reach an agreement that works for both parties.
Regardless of the chosen option, all parties involved must understand that it is best for everyone if both parents contribute financially to their children’s care.
Can You Modify Child Support Without a Lawyer?
It is possible to adjust child support without a lawyer. However, having an attorney on your side when making any changes is highly recommended, as the process can be complicated and time-consuming.
Anything that is filed incorrectly can result in your modification being denied by the courts.
Our attorneys have decades of combined experience in helping numerous clients with child modification, so why risk it?
If you were to do it on your own, the first step would be to submit a petition in the county where the original order was established. This must include information on why you request a change and supporting evidence such as income and all expenses. Be assured that the courts can comb through your finances with magnifying glass and look for any discrepancies.
After that, both parents will need to attend a hearing before a judge reviewing all the documents presented and deciding whether or not the modification should be granted. This is not always the easiest topic to bring up with your ex-spouse receiving the payments.
Throughout this process, it is important to understand your rights and responsibilities under Arizona law and thoroughly prepare for the hearing.
Let Our Family Law Attorneys Handle the Process of Changing Child Support
Here at Colburn Hintze Maletta, our experienced family law attorneys can help you navigate the complex process of modifying child support.
We understand that circumstances can change and that parents may need to modify their current arrangements.
If you’re struggling with child support payments in Arizona, our entire legal staff is here to help. We will guide you through the legal system and advocate for your interests, helping to ensure that your children are provided for in the best possible way.
We have extensive experience working with individuals throughout this process, providing personalized attention and a commitment to you.
Give us a call at (602) 825-2500. We understand the challenges of parenting and want to make sure that you receive the guidance and resources you need to succeed.
With our help, you can be confident that any modifications to your existing arrangement will be handled with care and attention to detail.
Attorney Darin Colburn has experienced first-hand just how difficult going through a family law matter such as divorce is when his parents divorced when he was 6 years old. Twenty years later, he has devoted his entire legal career to helping those facing similar issues. Darin attended the University of Arizona and graduated Cum Laude from the Eller College of Management. Darin is an experienced trial attorney that excels in high-net-worth divorce, complex business valuations, and messy child custody disputes.
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Below are just a few of what our clients have to say!
“Because of Darin I got my daughter back”
Before I hired Darin I went through a total of 3 different attorneys in two different states fighting a jurisdiction battle, when my daughter was taken to a different state. It was a very difficult decision to switch attorneys at one of the most difficult, time sensitive and important times in my case, but I’m very glad I did. Upon receiving my file from previous attorneys Darin came very familiar with my case quickly. Like other people have explained he took the time to lay everything out and explain how the process was going to proceed and what to expect and continued to do this as new issues arrived. He is also very quick at responding to emails and phone calls. My case was getting close to trial as told by my previous attorneys, I did not want to go to trial as I know this is very costly (most attorneys will convince you that you need to.) Darin knew my situation, fought for what was right and got the results I wanted while avoiding a costly trial. He is extremely knowledgeable in the Child Support Guidelines as well. Because of Darin I got my daughter back. I would highly recommend him and would hire again for any future issues. Thanks Darin!
Chris - AVVO Review
“He fights for his clients like no one I have ever seen”
David Maletta is the absolute best trial attorney in the state of Arizona. He is a kind, emphatic, and extremely patient person. As an attorney, he is prepared, aggressive, and extremely skilled. He is not afraid to go to trial and fight for his clients, like other attorneys that just plead their clients to the original charges. When he is in trial, he flips a switch and goes from a nice guy to a killing machine. He fights for his clients like no one I have ever seen. Watching him do a cross-examination is exhilarating because he is so good it’s scary.
Patricia Bevins - Google Review
“Nothing but good things to say about my experience.”
I have nothing but good things to say about my experience working with David Maletta. I was in a very high-stress situation facing a pending DUI charge. He doesn’t know this, but I actually interviewed 5 potential lawyers, and he was the most optimistic of all of them. He took over and handled everything, and now I don’t have to live with a DUI. Thank you so much for everything! Highly recommend them to anyone looking for legal help.
Lauren Koontz - Google Review
“Tim was absolutely amazing and worked diligently”
I had an incident and was given the catch-all charge. There wasn’t really anything I could do by myself to get out of it. Tim was absolutely amazing and worked diligently to ensure that I would have the best possible outcome from my case. Which he successfully achieved! As of right now, I am on the path to having my case fully dismissed. A couple of things that really helped me through this process was that Tim did an amazing job at answering my questions. He was available almost anytime and would respond promptly when he got my emails. He was also very approachable and comforting to be around while we had in person meetings and especially when I was at the court house. I would trust him and the company he works for with any other cases in the future, and as of right now, they will be my first choice if I need a lawyer in the future.
Dylan - AVVO Review
“Responsive, sympathetic, professional, patient, and kind.”
On one of the worst and most surreal nights of my life (do not EVER get a DUI people!) I was lucky enough to find my way to Tim Hintze. Being in Phoenix for the Thanksgiving holiday from out of town, and after spending the evening with family, I ended up spending the night in jail.
Tim turned one of the worst experiences in my life into “it could have been so much worse!” Working with him from a different state, he covered the bases & paperwork, showed up for me in court, gave me numerous connections to muck my way through the system, and held my hand the whole way.
I cannot imagine how much worse this experience could have been, and thanks to Tim, I didn’t need to. He was responsive, sympathetic, professional, patient, and kind throughout the long process, drawn out by many months due to Covid.
Keep Tim’s number handy and in your contacts in the event you are ever in the sorry position to need a DUI lawyer!
Holly Weber - Google Review
“The calm in the middle of my storm…”
I recently consulted with Darin after my wife filed for divorce. He was referred to me by a friend whom I very much trust. Darin was the antithesis of the first two attorneys I consulted (who were matter-of-fact and had very little empathy about the fact that I was struggling emotionally with what was transpiring). From the first few minutes of speaking with Darin, it was obvious that he was very knowledgeable and skilled with divorce and family matters. While that was most important to me, the thing that made the difference was his calming, logical, and empathetic approach. He took the time to listen and empathize with me. He took the time to understand what I wanted to achieve through this process and laid out my options. After the consultation, I knew he would be my attorney if I had to pull the trigger. I, ultimately, didn’t have to engage Darin’s services due to a reconciliation with my wife. I hope I never have to go through that process again. However, if I do, I know beyond a shadow of a doubt who I will be hiring to represent me…Darin R. Colburn. Darin, thank you for caring and being more than an attorney.
Frank - AVVO Review
“I would give them more stars, but the option is not there”
Best divorce lawyers in Arizona, hands down. Timothy Hintz handled my divorce, and as a father, I have my son and our house. I would give them more stars, but the option is not there. His paralegal Jennifer Bone is extremely competent, and the whole team is very friendly. Took a big weight off, having them behind me.
Joseph A. - Google Review
“There is NOBODY I would rather have defending me than David”
I hired David Maletta and it was the best decision of my life. His knowledge, genuine interest, overall attitude, and ability to connect with people is incomparable. I could talk about all of this at length. I COULD do all of that, but that wouldn’t do David justice. He first and foremost demonstrates his interest and genuine care for his client. Being in uncharted territory with a criminal charge and nowhere to turn, David’s presence and personality put all nerves at ease. I went through a jury trial with David beside me. The trial ran for 3 days and I spent a significant amount of time with David one-on-one. During this stressful time, he wanted to hear my input and thoughts on everything. David was incredible from the first day I met him. Not only is he a great attorney, but he is also a great person who cares about people and finding justice for his clients. He connects to the human side of people. I can’t put into words how much David cares about the individual in a case. When it comes to the courtroom, there is NOBODY I would rather have defending me than David.
Jacob - AVVO Review
“I was found NOT GUILTY. Dave won the trial for me.”
Dave stayed with me while he pushed back and forth with Covid-19 and the delays with court. Once cited, the state basically decides that you’re guilty through the automatic suspension of your drivers license. Dave immediately took care of that problem and I never lost the privilege of driving. Dave took notes like crazy and was upfront about our uphill battle. I was also well aware that the plea deal that was given to us, was unacceptable and through Dave’s knowledge and experience I had put my trust in him to guide me to make the right decision on how to proceed. With Dave’s guidance I had decided that we needed to fight for something better than what the prosecutor was offering and Dave was 100 percent behind me on that decision. We knew the risks, be we also knew we had very little to lose based on the prosecutions stance. We decided to go to trial… Watching the prosecution and then watching Dave was night and day!! It was clear to the jury that the prosecution didn’t have their facts straight and were not addressing the facts that they could not address…There was a lot at stake for my personal life and my work life. I was found NOT GUILTY. Dave won the trial for me.
Gregory - AVVO Review
“I still have a clean record to this day.”
One piece of advice for people who are charged with anything in Arizona is to hire a great lawyer because the state does not care if you’re innocent or not. The Arizona legal system will try to ruin your life. A couple of years ago I was the victim of an antisemitic hate crime when a guy named Billy, who had a history of drug and alcohol issues and was thrown out of the Navy for being violent, decided to attack me after drinking all day in Old Town (Sunday funday) over a pointless argument over whether it’s better to buy homes immediately post-recession or during the 10th year of a bull market run which was his argument. The disagreement led to Billy making several anti-semitic comments and assaulting me, which led to me beating up billy. Billy and his friends then went to the police and lied to try to get me thrown in jail for months for assault while getting 10s of thousands of dollars in restitution in the process. I hired David Maletta. We went to court and destroyed Billy and his best friend/roommate Taylor who were trying to extort me and ruin my life. In Arizona there is a 3.5% chance you’ll get all charges dropped because of how hard the state is on crime but we pulled it off and I still have a clean record to this day.
MJ Walsh - Google Review
“David was relentless in his pursuit of my son’s innocence”
We retained David Maletta to represent our son after being cited for what can only be described as a momentary lapse of reason. David was extremely knowledgeable, was able to clearly communicate very complicated concepts, and was relentless in his pursuit of my son’s innocence. He had strong relationships with the prosecuting attorney and respect of the judge, which ultimately resulted in my son learning a really hard lesson with limited consequences (traffic school and writing an essay to the judge on the physics of driving 130MPH and what happens if that goes badly). I have already sent all of my friends with teenage and 20 year old kids his contact information for when they inevitably get that call. David completely exceeded all of our expectations and we could not recommend him any stronger. Thank you for everything.
Shawn H. - Google Review
“Listens to every request that you make on a case”
I honestly just want to let it be known to any and everyone looking for an attorney on a case. Whether it be DUI, possession, or your every day to day traffic violations where you need representation attorney Tim Hintze is your man. You have to respect a man that listens to every request that you make on a case and he gets in there and gets it done. Tim has my respect as an attorney and being a well-rounded representer. From him being honest on the possibility and options for your case to him being easy to work and communicate with via over the phone or face to face Mr. Hintze is working it out.