A walkthrough for how to modify an Arizona child support order. Child support can be modified whenever substantial and continuing changes occur.
Discovery broadly refers to the process of obtaining additional information or documents from another party during litigation.
Both parties are expected to testify in family court if the case requires trial. In many cases, the parties are the only witnesses and their testimony significantly affects the outcome of the case.
Our entire judicial system is founded on the presentation of competing evidence to prove or disprove a claim. It is especially critical to introduce strong evidence in family court cases, which are decided by judges and not juries.
In Birnstihl v. Birnstihl, the Arizona Court of Appeals reversed the family court’s dismissal of a petition to modify child support and held that claim preclusion does not bar modification when the basis to modify is correction of information a previous order used to calculate support.