Q: Can child support payments be increased due to a one-time bonus in Arizona?
I am the custodial parent seeking a court-ordered modification to increase child support payments. The non-custodial parent received a significant one-time bonus from a lucrative construction development project about eight months ago. Our existing child support agreement was established through a court order three years ago. Since then, I've lost full-time employment and now have additional expenses due to our child's dyslexia diagnosis. Can I pursue a modification in light of these changes, even though the non-custodial parent’s income boost is classified as a one-time bonus rather than ongoing wages?
A:
You have described several reasons that you may be entitled to a child support modification, which are not related to his one time bonus.
Under Arizona law, seasonal or fluctuating income within a year are annualized to determine the average monthly Child Support Income. If this is truly a one time bonus, then the Court may average his last few years' income for the purpose of calculating child support. However that would take into account (annualize and average) any other bonuses that he may have received in the past several years.
Please remember that Arizona does not allow retroactive child support modifications. So, if you believe you are entitled to a modification, you need to file soon. Every month you wait is a month you lose.
Arizona does have a "Simplified Procedure" to modify child support, when that is the only issue. You may use this procedure so long as the resulting order varies 15% or more from the existing amount ordered. If the requested modification is disputed, the other parent must request a hearing. If no hearing is requested within the time allowed, the Court will review your request and enter an appropriate order or set the matter for hearing.
A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, 1/2-hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan. I would encourage you to quickly schedule this free consultation.
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