VERIFIED PETITION TO MODIFY CHILD SUPPORT
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF [COUNTY]
[PETITIONER FULL LEGAL NAME],
Petitioner/Obligor ☐ | ☐ Petitioner/Obligee
v.
[RESPONDENT FULL LEGAL NAME],
Respondent/Obligee ☐ | ☐ Respondent/Obligor
Case No. [CASE NUMBER]
VERIFIED PETITION TO MODIFY CHILD SUPPORT
(Arizona Revised Statutes § 25-503; Arizona Child Support Guidelines)
[// GUIDANCE: Mark only ONE party as “Obligor” (paying parent) and one as “Obligee” (receiving parent).]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions (Requests for Relief)
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution & Verification
I. DOCUMENT HEADER
1.1 Purpose. This Verified Petition (“Petition”) seeks a court order modifying the existing child-support order dated [DATE OF EXISTING ORDER] (“Current Order”) pursuant to A.R.S. § 25-503 and the Arizona Child Support Guidelines (“Guidelines”).
1.2 Jurisdiction & Venue. The Arizona Superior Court in and for [COUNTY] County has continuing, exclusive jurisdiction over child support in this matter because the child(ren) and at least one parent reside in Arizona, and the Current Order was issued by this Court.
1.3 Parties.
a. Petitioner: [PETITIONER FULL LEGAL NAME], residing at [ADDRESS].
b. Respondent: [RESPONDENT FULL LEGAL NAME], residing at [ADDRESS].
1.4 Children Affected. [CHILD 1 INITIALS, DOB]; [CHILD 2 INITIALS, DOB]; etc.
II. DEFINITIONS
For purposes of this Petition:
“Current Order” means the child-support order entered on [DATE] in Case No. [CASE NUMBER].
“Guidelines” means the Arizona Child Support Guidelines adopted by the Arizona Supreme Court, effective January 1, 2022 (as amended).
“Income Withholding Order” (“IWO”) means an order requiring automatic wage assignment pursuant to A.R.S. § 25-505.
“Substantial and Continuing Change” means a change in financial circumstances that would alter the child-support amount by fifteen percent (15%) or more under the Guidelines, or other qualifying change identified in Section III below.
III. OPERATIVE PROVISIONS (REQUESTS FOR RELIEF)
3.01 Finding of Substantial and Continuing Change.
The Court should find that the circumstances set forth in Paragraph 3.02 constitute a substantial and continuing change warranting modification under A.R.S. § 25-503(E).
3.02 Grounds for Modification. The following material changes have occurred since entry of the Current Order (check all that apply and provide details):
☐ Significant alteration in either parent’s gross monthly income.
☐ Change in health-insurance premiums attributable to the child(ren).
☐ Commencement/termination of daycare or education expenses.
☐ Change in parenting-time schedule affecting the Parenting Time Table under the Guidelines.
☐ Emancipation of a child or a child reaching the age of majority.
☐ Other: [DESCRIBE].
3.03 Recalculated Child-Support Amount.
a. Petitioner has prepared and attached a current Child Support Worksheet calculating support in the amount of $ [NEW MONTHLY] per month (“Modified Support”), commencing on [PROPOSED EFFECTIVE DATE].
b. The Modified Support represents a [__] % variance from the Current Order, exceeding the mandatory 15% threshold, OR modification is otherwise justified under the Guidelines.
3.04 Arrears.
a. As of [DATE], child-support arrears total $ [ARREARS AMOUNT] ☐ including ☐ excluding interest.
b. Petitioner requests judgment for arrears plus statutory interest at the legal rate under A.R.S. § 25-510.
3.05 Income Withholding.
The Court should issue a corresponding IWO directing automatic wage withholding for the Modified Support and any arrears.
3.06 Medical/Dental Insurance.
The parent providing primary insurance shall continue to do so; the premium adjustment reflected in the attached Worksheet should be adopted.
3.07 Tax Exemptions.
The Court should allocate federal and state tax exemptions for the minor child(ren) as follows: [ALLOCATION OR “pursuant to Current Order”].
3.08 Attorney Fees & Costs.
Pursuant to A.R.S. § 25-324, Petitioner requests an award of reasonable attorney fees and costs based on financial disparity and the reasonableness of positions taken.
3.09 Additional Relief.
Petitioner requests all further relief deemed just and proper.
IV. REPRESENTATIONS & WARRANTIES
4.01 Truthfulness. Petitioner verifies under oath that all factual statements herein are true and correct to the best of Petitioner’s knowledge, information, and belief.
4.02 Document Completeness. All required financial disclosures (e.g., Affidavit of Financial Information, pay stubs, tax returns, and proposed Worksheet) are contemporaneously filed or served.
4.03 Materiality & Survival. These representations are material to the Court’s determination and shall survive entry of the modified child-support order.
V. COVENANTS & RESTRICTIONS
5.01 Ongoing Disclosure. Each party shall promptly supplement financial information as required by the Guidelines and the Arizona Rules of Family Law Procedure.
5.02 Good-Faith Cooperation. The parties shall cooperate in executing all documents (including updated IWOs) necessary to effectuate the Court’s orders.
VI. DEFAULT & REMEDIES
6.01 Non-Compliance. Failure of either party to comply with any child-support or disclosure obligation may subject the non-complying party to contempt sanctions, income withholding, interception of tax refunds, credit bureau reporting, and any other remedies available at law.
6.02 Attorneys’ Fees on Enforcement. The prevailing party in any future enforcement action concerning child support shall be entitled to recover reasonable attorney fees, costs, and interest.
VII. RISK ALLOCATION
[Not applicable to child-support petitions; included for drafting consistency.]
7.01 Liability Caps. Child-support obligations shall be limited to the percentages and monetary amounts calculated under the Guidelines and any statutory caps imposed by A.R.S. § 25-503.
VIII. DISPUTE RESOLUTION
8.01 Governing Law. All matters are governed by the laws of the State of Arizona, including A.R.S. Title 25 and the Guidelines.
8.02 Forum Selection. Exclusive jurisdiction and venue lie in the Arizona Superior Court, Family Department, [COUNTY] County. No jury trial is available in child-support proceedings. Arbitration is neither available nor permissible for child-support determinations.
8.03 Injunctive Relief. Wage garnishment (IWO) is the statutory enforcement mechanism; parties reserve all rights thereto.
IX. GENERAL PROVISIONS
9.01 Service & Notice. Service shall be effected pursuant to the Arizona Rules of Civil Procedure and the Arizona Rules of Family Law Procedure. Future notices may be mailed to the addresses listed in § 1.3 unless updated in writing.
9.02 Amendment & Waiver. Any waiver of rights under this Petition or any resulting order must be in writing, signed by the waiving party, and approved by the Court.
9.03 Severability. If any provision of the modified child-support order is deemed unenforceable, the remaining provisions shall remain in full force.
9.04 Integration. The modified child-support order shall supersede all prior inconsistent support provisions.
9.05 Electronic Signatures. Consistent with Arizona law, electronic signatures shall be deemed originals for all purposes.
X. EXECUTION & VERIFICATION
DATED this ___ day of [MONTH], 20__.
[PETITIONER FULL LEGAL NAME]
Petitioner, pro se ☐ | Counsel for Petitioner ☐
[ADDRESS]
[PHONE]
[EMAIL]
[// GUIDANCE: Add attorney signature block if filed through counsel, including State Bar number as required by Rule 5.1, Ariz. R. Civ. P.]
VERIFICATION
STATE OF ARIZONA )
) ss.
County of [COUNTY] )
I, [PETITIONER NAME], being duly sworn, depose and say that I have read the foregoing Petition, know the contents thereof, and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.
[PETITIONER NAME]
SUBSCRIBED AND SWORN before me this ___ day of [MONTH], 20__.
Notary Public
My Commission Expires: ____
REQUIRED ATTACHMENTS
- Child Support Worksheet (Guidelines, 2022 version)
- Affidavit of Financial Information (AFI) – Petitioner
- Proposed Income Withholding Order
- Any other documents required by local rule or pre-trial order
[// GUIDANCE: Maricopa County and several rural counties require local cover sheets and sensitive-data forms. Always confirm county-specific filing checklists.]
IMPORTANT DISCLOSURES
• Interest accrues on past-due child support at the statutory rate under A.R.S. § 25-510.
• A party objecting to an IWO must timely request a hearing; otherwise, garnishment issues automatically.
• Modification is prospective only unless the Court expressly orders retroactivity per A.R.S. § 25-503(E).
[// GUIDANCE: File the Petition, Worksheet, and AFI together. Pay the filing fee or submit an Application for Deferral or Waiver if eligible.]
Prepared for use by licensed Arizona practitioners. Tailor all bracketed fields, review county-specific rules, and verify all factual assertions before filing.