Is there any way I can temporarily suspend child support?

Question:

I am currently modifying child support. A court date was finally set, but it is two months away. I cannot afford to pay what I was paying for the next two months while I wait for the court date. Is there anyway I can suspend child support payments in the state of AZ until the judge makes a judgement? My ex is already getting 50% off all of my checks and I am only able to find part time work at the moment. What are my options?

Answer: 

Until and unless the court modifies the Child Support Order, you must continue to pay the amount that is ordered.

Your obligation to support your children continues regardless of rather or not you have a job at all.

There is no “time out” or “pass” on the child support obligation.

Filing a Petition to Modify your child support probably is the right action for you to have taken if you have had a loss in your income.

HOWEVER, you should aggressively continue to seek full time employment because your Request to Modify may not be granted.

In order to modify the child support, the judge must find that you must have a continuous and ongoing change of circumstances. A temporary period of unemployment likely will not be enough to meet this requirement.

Child Support is based on what a parent is capable of making, not necessarily what they are making.

Good luck!

Patrick Sampair
The Sampair Group, PLLC
623.218.1000
480.636.1333

To read more of Attorney Patrick Sampair’s answer’s on AVVO Click Here: Is there anyway I can temporarily suspend child support?