Child support and spousal maintenance may not be modified retroactively in Arizona. Under A.R.S. § 25-327, modifications are effective on the first day of the month following notice of the petition for modification in most cases. If a father ordered to pay child support loses his job in January but does not file and serve a motion to modify child support until May, any child support modification ordered by the Court will be effective on June 1. The father may not request that the child support order be made retroactive to February 1, the first day of the month after the job loss.
Similarly, if child support should be increased based on a pay raise awarded to the payor or based on any other factors, the payee who waits several months to seek an increase in child support may not obtain an increased child support award retroactive to the date the payor received the pay raise.
Take-away message: If you believe child support should be modified to your benefit (up or down), immediately consult with an attorney. Then, if the lawyer confirms that you are likely to obtain a favorable modification ruling, file and serve your motion to modify within the same month the change occurs which warrants the modification (e.g., the month of the pay raise, pay cut, job loss and so forth).
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