SPARC Forums

Hi Socrateaser:

I was reading in the AZ judicial website that effective January 2005 there will be new AZ child Support Guidelines. DH Child Support Order was filed Feb 2004

1. Does this new guidelines affect DH's order in anyway or is it just for the cases filed after the effective date?

Thanks

>1. Does this new guidelines affect DH's order in anyway or is
>it just for the cases filed after the effective date?

YES. Generally, a new guideline is considered a material change in circumstances affecting the child's best interests, so the support obligee is entitled to file a motion to have support modified to reflect the new guideline.

While I would not normally disagree with such an authority as Socrateaser, I feel that her response was inadequate (no disrespect intended).

Unless the Obligee requests a modification on the grounds as stated by Socrateaser or the State picks your order in 2006 (support order are supposedly reviewed every two years, but generally not), the new guidelines will have no effect on your current order.

I personally went almost ten years without either a modification or review, once I did, my order was subject ALL changes that had occured in the law.

The poster wants to know whether his support is about to automatically increase. Answer: No.

However, although there will be no automatic change in support, it is quite possible that the support obligee may ask the court to modify, based on the new guidelines, and the court must honor such a request, if it occurs.

NM

NM