What are post-decree petitions?
"Post-decree" petitions are those filed after a Decree of Dissolution of Marriage, Legal Separation or
Annulment, or Judgment of Paternity is entered, and are usually filed to modify or enforce existing orders of
the Court How do I start a post-decree action?You must file the appropriate paperwork with the court if you want the court to
change or enforce a current court order. Consult with an attorney for legal advice. Forms are located at:
I need to modify child custody or parenting time. What do I do?Your divorce decree or paternity judgment may require you to participate in
mediation before you can ask for a modification of child custody or parenting time. Check your paperwork.
You can participate in mediation at the court or through a private provider. See information about court
mediation at Conciliation Services.
To request mediation with Conciliation Services you must complete paperwork. See information and forms.
If you need to go to court you must file paperwork to modify child custody and parenting time. See
information and forms.
Can I change the amount of child support that I am paying/receiving?
Yes, if the amount you pay will increase or decrease by 15%. You can also ask for a modification of child
support every 3 years, regardless of the amount of increase or decrease. See information and forms to
modify child support.
My child is over 18 and I am still paying child support. How can I have it stopped?It will take a new Court Order to stop the child support payments. Unless a child
is disabled, child support can be stopped once a child turns 18, if he/she is no longer attending high school.
If he/she is still attending high school at age 18, support can be stopped when he/she graduates from high
school or turns 19, which ever happens first.
There are two things that need to be stopped. You must stop the Court's child support order that is requiring
you to pay child support and the Order of Assignment, which tells your employer to stop withdrawing money
from your paycheck.
How can I enforce a Court Order about Child Custody or Parenting Time Issues?You can seek advice from a lawyer.
You can ask a Document Preparer to assist you in completing documents.
You can get the required forms at the Superior Court Self-Service Center at a nominal fee. See information
and forms.
How can I enforce a Court Order about Child Support or Child Support Arrears?There are several options for you. You can file an Expedited Request to Enforce with
Family Court Conference Center.
You can ask a Document Preparer to assist you in completing documents.
You can get the required forms at the Superior Court Self-Service Center at a nominal fee. The information and
forms can be downloaded at no cost from the Superior Court Self-Service Center web site.What is Paternity?Paternity is the term used to describe a court matter when children are born of
parents who are not married to each other.
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How do I establish paternity?There are several ways to establish paternity. To establish paternity a judge or
other official may enter a court order or the Division of Child Support Enforcement (DCSE) may establish
paternity without going to court. Also, an Acknowledgment of Paternity may be signed by both parents at the
hospital when the child is born or anytime thereafter and filed with the court.
For more information visit the following web sites:
Where can I get forms to assist me in establishing paternity?Forms are available from the Self-Service Center, DES, DHS or at hospitals. In
Maricopa County, forms are available through the Self-Service Center located at the downtown, the southeast
and northwest courthouses. Forms also may be obtained on the Internet.
I am supposed to take a class on parenting skills. Who do I contact?The Self-Service Center has a list of providers who offer classes on parenting
skills. See a listing of resources.
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The other parent is mistreating the children. How can I protect them?If you believe the children are in harm contact Child Protective Services at
1-888-SOS-CHILD and your local police department.
You can ask for an Order of Protection that includes the children or request custody and ask for an emergency
hearing. If you are married, you cannot ask for custody unless you have a divorce, annulment or legal
separation filed with the court. You can contact an attorney for legal advice, or go to the Self-Service
Center for emergency paperwork.How do I apply for Title IV-D services?You must contact the Division of Child Support Enforcement (DCSE). DCSE is a
Division of DES that is charged with the statewide administration and operation of the Child Support
Enforcement Program as established by Title IV-D of the Social Security Act. The web site is:
https://www.azdes.gov/ASPNew/default.asp.
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What are IV-D services?Title IV-D services are for any person with custody of a child who needs help to
establish a child support or medical support order, any parent who already has a support order who needs help
to collect support payments, or any noncustodial parent can apply for IV-D child support.
If you are receiving public assistance from Temporary Assistance for Needy Families (TANF), or Medicaid or
federally-assisted Foster Care programs, you have been automatically referred to the Division of Child
Support Enforcement (DCSE) for services. See the DCSE web site for more information.How do I add a Father's name to the birth certificate?There are several ways to add the Father's name to the birth certificate.
If both parents agree who the biological father is, you can sign a statement called an Acknowledgment of
Paternity. These forms are available at all birthing hospitals, the Office of Vital Records, the Arizona
Department of Economic Security's Child Support Enforcement offices and many of the county registrar's
offices.
You can also establish court ordered paternity by competing paperwork and filing it with the court. A court
order to change a birth certificate must have the child's birthday on it. If you have a court order for
paternity, the order may be filed with the Office of Vital Records directly by the Court, the agency that
petitioned the Court for the order, or one of the parents may deliver it in person. If you decide to bring a
court order to the Office of Vital Records in person, you must bring a certified copy of the court order with
you.
The father of my children agrees that he is the father. How can we get an order
from the court?If the Father's name is on the birth certificate you may not need a court order.
If you need a court order you can establish paternity voluntarily by completing paperwork. The father may
also sign a notarized affidavit, which declares that he is the father. This form must then be filed with the
Court. The information and forms can be downloaded at no cost from the Superior Court Self-Service Center web
site.