Some obvious situations, which can be considered involuntary income reductions and should allow the court to change child support, are dismissal, mandatory wage cuts from the employer, and absence of employment for documented health reasons. Some factors that may justify a change in child support are: In Arizona, the change in family allowances is governed by R.S.A. §25-327 and paragraph 24 of the Arizona Child Welfare Guidelines, which is an appendix to A.R.S. §25-320. A.R.S. §25-327 requires that « circumstances that are essential and persistent » be shown. The requirement that the modification be « substantial and continuous » prevents the child`s assistance from becoming a yo-yo and from frequently increasing and decreasing for any temporary short or minor changes. As with what will happen, the judge also has discretion to determine what is « essential » If the change in a factor makes the new amount of child support differ by 15% or more from the current amount of child support, the court should automatically find that the change is « essential. » For example, if parent 1 pays $2$450.00 per month for family allowances and parent 1 then receives an increase in income and this new income results in an amount of family allowances greater than $67.50 per month, then this is an « essential » change. The $67.50 is 15% of $450.00, so any change that is $67.50 or more in this example should automatically be considered a « significant » change and child assistance can be changed. Like everything in the League, the parties can make their own agreements and reach an agreement.
It is therefore possible that you and the other parent may be able to conclude agreements on how to change family allowances. If you and the other parent reach an agreement, it is easy to design the terms of the agreement in the correct form that will be submitted to the judge for approval and the new binding court order. Remember that any agreements you make with the other parent may not be binding and unenforceable unless you submit them to the judge for approval and signature by the judge. It is very important to remember that once the last minor child emancipates, the maintenance allowance (seizure) does not stop automatically. It is up to the parent who pays the family allowances to submit the forms necessary to terminate the family allowances. It is mentioned above whether the parent who was unemployed or under-employed was through no fault of that parent. The court considers that the reason for this modification is either « voluntary » or « involuntary ». That is an important factor. If the Court finds that unemployment or underemployment is a voluntary choice of the parent, the Court is free not to reduce child support. The pioneering case on this subject is Little v Little, 193 Ariz. 518, 975 P.d2 108 (Ariz., 1999). In little, the parent who paid child support voluntarily resigned from the Air Force to study law.
The parent argued that now that he was going to school as a full-time student and was no longer in the Air Force, his family allowances should be reduced to reflect his reduced income. . . .