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branch6pack · Oct 16, 2006, 10:15 AM

I am looking for anyone who knows how to go about getting an Order of Support changed / modified. I am in the state of Arizona and have been divorced for 7 years. I have sole custody and he has NEVER reported any increase in pay. I would like to know how to find out what he is making (because he won't tell me) and I know it is a lot more than it was 7 years ago. And also how do I go about going to court and doing all this. Should I just get a county attorney or do everything myself. Please help. Thanks

ScottGem · Oct 16, 2006, 10:20 AM

You would be best off getting an attorney. They will file a motion in court to modify the agreement and subpeona his employment records. You might be able to do this yourself, you can ask the clerk of the local family court for help. But you would be more likely to get results using an attorney.

If you can't afford one, check for support groups for divorced people. They may have lawyers who do volunteer work.

s_cianci · Oct 17, 2006, 08:21 PM

What do the laws of Arizona say with regard to modifying a support order? Each state is different so it's hard to answer your question. An attorney can help you more with this. In my state, child support amounts are automatically adjusted every two years in accordance with the consumer price index during the same time, to allow for inflation. This is known as a cost of living adjustment (COLA.) As for actually having an existing order modified, however, the petitioner must show that there's been a "change in circumstance", in accordance with case law. In your case, that would mean showing that your ex is making substantially more than he was when the support order was first established, after adjusting for inflation. Granted that may be hard for you to do as he obviously isn't going to volunteer any information. You could petition the court to compel him to submit his most recent tax returns. However, the chances of the court actually doing so are probably pretty slim if he's paying what would generally be considered a fair amount and he's been paying faithfully, on time. Their case load is no doubt so backlogged that they're not going to want to entertain a case involving a previously done deal that's been closed.