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Arizona Child Support Lawyers
Attorneys for Support of Children in Arizona
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child’s living expenses; i.e., food, clothes, etc., and any other related debts. When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments.
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Whereas the custodial parent meets his or her support obligation through the custody itself. When parents are awarded joint custody in a divorce, however, the support obligation is shared. And is based on a ratio of each parent’s income and the amount of time the child spends with each parent.
Either you or the other parent may be required to pay support to your children. The purpose of child support is to meet the reasonable needs of the child, and try to, as much as is possible, keep him or her in the same position he or she would have been had the marriage not dissolved. We are also available to assist in circumstances:
where a child support obligation is not being paid
to work with the other party to get back payments
to reduce or increase child support where financial circumstances have changed dramatically.
What is Child Support?
Child support is a monthly payment by one parent to usually the custodial parent for the care and maintenance of their shared child. As in divorce and custody issues, decisions regarding child support must be made in the best interests of the child.
What is Considered Income for Child Support Purposes in Arizona?
Almost all income is included in child support calculations. This can be wages, interest and dividends on stocks and other investments, pensions, capital gains, veterans’ benefits, lottery winnings, worker’s compensation benefits, unemployment benefits, and annuities.
How Do I Find Out How Much my Ex makes?
If you petition your ex for child support, they will be required to appear before the court. The court will require them to provide proof of income through forms like pay stubs, tax documents, and bank statements.
Can You Waive Child Support in Arizona?
A court overseeing a divorce and custody case will not allow this. The child in question has the right to adequate support from both parents. A parent can also not agree to waive past-due child support.
How is Paternity Established in Arizona?
There are four ways to establish paternity in Arizona:
· If the father was married to the mother during 10 months before the child was born, paternity will be assumed.
· If the parents were unmarried, they can both sign the birth certificate to establish paternity.
· If the father fails to sign the birth certificate, both parents may sign a voluntary acknowledgment of paternity.
If the father is denying paternity of the child, the mother can request genetic testing through the court. If the test comes back with 95% or more probability that he is the father, the court will deem him such and require child support, allow visitation, etc
Does Child Support Automatically Stop at Age 18 in Arizona?
Child support is only presumed to be terminated at 18, instead of automatically stopped. Support may continue until the child graduates high school or turns 19, whichever comes first. The parent paying support will need to petition the court to modify the support once any of those requirements are met.
How is Child Support in Arizona Calculated?
Arizona Child Support is calculated using the Arizona Child Support Guidelines found in Revised Statutes Section 25-320. The first step to calculating child support is to determine each parent’s gross income. Gross income is discussed above. Once the total gross income is found, the judge will use the guidelines to determine how much support the child is entitled to, and assess how much of it each parent must pay.
The court will look at a number of factors when determining the amount to pay. If one parent shoulders the bill for health insurance and daycare, this will be factored into their child support payments. Children over 12 are deemed to have more expenses. Some children, such as those with chronic illnesses, have extraordinary expenses that must be taken into account. If a parent lives out of state and transportation is required for visitation, this may also play a part in child support calculations. Child support can also be affected by which parent is claiming the child on their tax returns and the amount of parenting time each parent has.
Is There a Time Limit to Collect Child Support?
You can collect child support for up to three previous years. Once that order is in place, past-due child support debt won’t expire. There is no statute of limitations for pursuing arrearages from the other parent.
How can I Request a Child Support Modification in Arizona?
Can I Lower My Arizona Child Support Payments?
To lower child support payments, you will need to proceed with a modification as described above. Be careful when requesting a modification, because you may end up paying more support. You also will be barred from requesting a modification again for at least one year, so you could be locked into one year of payments you can’t afford if you are fired from your job or experience a similar decrease in income. Past-due child supports can’t be lowered.
If we both have the Children 50% of the time, Will there be Child Support?
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CALCULATING ARIZONA CHILD SUPPORT
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The state of Arizona statutes establish a presumption of parent’s financial obligations based on:
Income of both parents
Number of children in a family
Costs of caring for the children.
In addition, a standard Arizona guideline determines the amount of to be paid and each parent’s obligation to contribute to medical, dental, and child care expenses. Our Arizona child support lawyers assist clients in determining how much a court will order each parent to pay, and what — if any — exceptions may be awarded to the standard child support guidelines.
Other factors considered under the Arizona Child Support guidelines include:
Shared parenting time
Split custody, Where each parent has custody of one or more children from the marriage
Support or Alimony required under a different court order
Costs of caring for the children.
Support received through public assistance or a different court order
Pre-existing support ordered for older children
Any other children of the custodial parent
Payments for joint debts
In high-income cases, accustomed standard of living
More than six children
Income imputed based on minimum wage or average prior income
Two exceptions to Arizona’s statutory child support guidelines are occasions when all parties represented by counsel agree to a different amount and when the court determines an order according to the guideline would be unjust, unreasonable or not in the best interests of the child.
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The importance of having an experienced Maricopa County Child Support Attorney who understands the importance of application of the statutes is paramount. Our attorneys and staff work with you as the parent for the best interest of your children. Therefore, if you are seeking highly successful child support lawyers in Arizona, do not hesitate to discuss your needs.
ARIZONA CHILD SUPPORT GUIDELINES
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There are specific guidelines regarding child support in AZ. These guidelines are dictated by several issues. This criteria and issues are taken into account when these guidelines were created. Moreover, the state of Arizona factor in various criteria. These criteria include: Healthcare cost, daycare, education cost, number of people in the household, and the income of the family. Plus, these AZ child support guidelines take into account the amount of parenting time of each parent. Our experienced Arizona Child Support Lawyers are highly beneficial when navigating the rules and regulations set forth by the state of Arizona.
The aforementioned factors, coupled with the rules and regulations set forth by the state of Arizona are often what is used to calculate a suggested amount of child support. Therefore, for the best results is to let our AZ Child Support Attorneys fight for your child support. An idea of projected AZ child support can be found here: The Arizona Child Support Calculator. Please keep in mind that just because it is on the support calculator, the courts can still choose to increase or decrease the final amount of child support if a case is proven for deviation.
MODIFYING CHILD SUPPORT
Modifying Child Support and Parenting Time:
The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent. The State of Arizona has guidelines that factor the amount of support, such as the amount of time spent with the child, the income of both parents, and the standard of living the child is accustomed to. An Arizona Family Law Court may allow deduction items such as catastrophic medical expenses and travel expenses for visitation.
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Contact a Skilled Child Support Lawyer in Phoenix and Tucson
A common mistake made by many people in Arizona seeking assistance with their child support case lies in the appearance that the case does not seem to be all that complex. Often, Arizona Child Support cases are pretty straight forward and easy to navigate. However, it is very easy to overlook important variables within the Arizona child support statute. These variable need to be correctly addressed.
The variables used for the figuring of Arizona Child Support will ultimately factor in to the amount of child support that is awarded. Seeking out the assistance of our skilled Tucson Child Support Lawyers and Phoenix Family Law Attorneys is going to be a great asset for you while navigating child support cases in Arizona.