Arizona Rules of Family Law Procedure

Rule 91.1. Post-Judgment Petition to Modify Spousal Maintenance or Child Support

(a) Spousal Maintenance. A petition to modify spousal maintenance must comply with Rule 91. In addition, the petition must include a statement of the facts that establish the existence of substantial and continuing changes in circumstances that support the requested modification.

(b) Child Support.

(1) Standard Procedure. A petition to modify child support must comply with Rule 91. In addition, the petition must include a statement of facts establishing substantial and continuing changes in circumstances that support the requested modification. The applicant must attach a copy of the most recent child support worksheet that supports the existing child support order, if available.

(2) Simplified Procedure. A party seeking to modify child support using the simplified procedure for modification outlined in the Arizona Child Support Guidelines must follow the procedures specified in the Arizona Child Support Guidelines, Appendix to A.R.S. § 25-320.

(3) Title IV-D. In Title IV-D matters, the State must serve both parents with the petition, the issued Order to Appear, and a blank Affidavit of Financial Information, with instructions to complete, file, and serve the Affidavit as required in Rule 91.1(c).

(c) Affidavit of Financial Information. For a petition filed under Rule 91.1(a) or Rule 91.1(b)(1) the parties also must file and exchange current Affidavits of Financial Information not later than 20 days after service, unless a different date is set by the court.

Currentness