As with most statutes, the judge has room to assess the definition of “continuation.” For example, if a parent is unemployed for only a few weeks, this is not “perpetuated”. But what if this parent is unemployed for many months without that parent`s fault (for a discussion of errors, see the section below entitled “Volunteer against Involuntary”).? If you think you can make changes, or if the other parent is trying to change child care, you should contact us to find out if the change is actually “maintained” and would allow the court to change the amount of child care. The confusion stems from the language of paragraph 24 of the Arizona Child Support Guide, which allows a parent to request a change of custody using the “simplified procedure.” A simplified procedure is provided to facilitate the transition from parents to child supports. The simplified procedure uses simpler forms and is dealt with by the court in a simpler and faster way than changing a regular petition. However, in order for parents to apply the simplified procedure, the 15% difference must be established. Unfortunately, this has been misinterpreted to mean that there must be 15% or more changes to request all changes to child care. This is a mistake and, in fact, the custody order can be amended, even if the amendment is less than 15% difference. Again, the importance of the 15% is that they are automatically proof of a “substantial” change and that the application can therefore go through the “simplified procedure” as opposed to filing a regular petition. For example, Parent 1 filed a petition on January 15 to change custody. A process server serves the petition on Parent 2 on February 15. Parents will not be tried until April 4. In this example, the judge orders that the new amount of family allowances begin retroactively on March 1, the following month that Mother 2 received the notification.
However, the judge has the power to commence the new amount on February 15, the date the petition was filed. The penultimate point regarding the presentation of the agreement to the judge is extremely important.