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Arizona Child Support Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Arizona on
Q: The father of my son is on the birth certificate we never been married what right does he have when it comes to custody

O decisiones on the child when there hasn’t been any court order

Peter W Davis
Peter W Davis
answered on Jan 3, 2022

In Arizona, the fact that he is on the birth certificate means that paternity has been legally established under the law. Generally speaking, This does give him some rights, however rights for parenting time and legal decision making still reside with Mother as the defacto custodian of the child.... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Im in atizona, My child's fauther has had a sexual assault at his home.

Cps has let me know and I have a protection plan in place for no contact for 2 weeks. We were never married and have been separated over a year. So I have full custody of them and we just co parent together there is no custody agreement threw the courts for our kids. My question is, now that... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Dec 7, 2021

I know I'm a couple weeks late here, but filing an emergency when you already have custody is unnecessary. I certainly see what CPS is saying. If CPS is merely suggesting it, you may be fine to not file anything. If CPS is requiring it, you need to speak with a juvenile law attorney ASAP about... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: My ex moved 3hours away and his lawyer says I need to do half the drive for the kids. Is that accurate if he moved?

He went from seeing them every weekend to every other weekend and gave me short notice he was moving. His lawyer sent me documents stating I need to reduce child support or drive half way. He willingly left, are those my options? Is it possible to get sole legal decision making if he only sees them... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Dec 7, 2021

You raise three different issues question, so let me address them separately:

EXCHANGES: You do not necessarily have to agree to drive halfway for each exchange, but I think there's a good chance that a judge would order you to do so if it is left up to a judge. I certainly recognized...
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1 Answer | Asked in Child Support for Arizona on
Q: If a child support worksheet comes out to only $21 a month for child support obligation, will it actually be ordered?

Or is there a minimum amount that the state would enforce? Seems like processing the $21 wouldn't even be worth it.

Stephen M Vincent
Stephen M Vincent
answered on Nov 9, 2021

I have seen child support orders for $20/month. But the Court will more likely deviate to $0.00 since the amount is so little.

1 Answer | Asked in Child Support for Arizona on
Q: How long does it take to get a child support check over 8k? Paperwork says it was sent to DES child support but nothing.

I called child support services and they say, They don’t not have the personal accident claim check. But my ex keeps saying he turn it in. How long should I wait ?

Stephen M Vincent
Stephen M Vincent
answered on Nov 9, 2021

Checks can take several weeks to be processed by the Clearinghouse.

3 Answers | Asked in Child Custody and Child Support for Arizona on
Q: Is there still such thing as final decision making in AZ? Ex filed a request to modify child support & parenting time

Our current plan has me as final decision maker as I've had our child 90% of the time, but now in his proposed parenting plan he has changed all the wording and taken that out and wants 50/50 as he's moving closer. What do you think will happen? I'm also a teacher and have had final... Read more »

Randi Sirlin
Randi Sirlin
answered on Nov 7, 2021

Yes, there is still the option of one parent having final decision-making authority. I would really need to know more about your situation. Any parent can make allegations and attempt to change the orders, but many requirements must be met. I recommend contacting an experienced family law attorney... Read more »

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2 Answers | Asked in Family Law and Child Support for Arizona on
Q: Can the courts levy bank account without any notice or warning? Because that’s what they did. $10,000

$20,000 is owed in back child support. The child died two years ago. Today there is levy on bank account and didn’t give a warning or notice or a chance to make a payment.

Mike Branum
Mike Branum
answered on Oct 6, 2021

Absolutely. If they provided notice or warning, the funds could be moved. If you have a child support debt, there are numerous ways the State can recover those funds. Draining a bank account is just one.

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1 Answer | Asked in Divorce, Family Law and Child Support for Arizona on
Q: Can a parent who receives child support, ever end up paying child support if his or her income increases?
Stephen M Vincent
Stephen M Vincent
answered on Sep 29, 2021

Yes, it all just depends on how the calculation comes out.

1 Answer | Asked in Child Support for Arizona on
Q: Ex has filed to change child support if I inherited a house will it affect the amount I pay? 50/50 custody in Az

I might be inheriting my sisters house and am wondering if it will affect the amount of child support I pay. My ex has just put in for a child support change do to both of us earning more and I am just unsure how this will affect it.

Peter W Davis
Peter W Davis
answered on Aug 16, 2021

The answer is "it depends" while child support in Arizona is generally based upon earnings from a job, there are instances where child support may be ordered based upon resources. Further, if you receive income from this house (such as rental income) it may also be countable (even in... Read more »

1 Answer | Asked in Child Custody and Child Support for Arizona on
Q: I have legal custody of my child. Divorced in different state. AZ is joint. Do I have to file in old state?

I work odd hours. Unable to take my children to school and watch her at nite. Ex husband wants full custody. I agree for child to live with him. Do I give up my rights? Divorced in MN and ex and I are living in AZ. AZ is joint state

Stephen M Vincent
Stephen M Vincent
answered on Aug 8, 2021

You should move the case here. You need to register your MN order here (you'll need two certified copies from Minnesota, and complete the other requirements for registering). Then you and your ex-husband can fill out a new Parenting Plan, both sign it and have it notarized and submit it to the... Read more »

1 Answer | Asked in Child Support for Arizona on
Q: Are child support payments made in advance or arrears?

In other words, would a payment made on by the clearing house on 1 Feb, is that for the month of February in advance or for the month of January in arrears? If my child is 18, and graduates in May, wouldn’t the last child support payment be May 1st?

Stephen M Vincent
Stephen M Vincent
answered on Jul 15, 2021

Yes, the last payment should have been made on May 1st.

2 Answers | Asked in Child Support and Family Law for Arizona on
Q: How do I go about petitioning the Supreme Court of AZ if my rights in a family/child support case have been violated?

Although I have never had a cps case or any of my children take, the father of my youngest son illegally obtained physical custody of my child and as a result has filed child support against me. The father has been incarcerated often throughout the time he had our child. The court did not follow... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jul 14, 2021

If your case is eligible to be appealed, you need to start by filing a Notice of Appeal. Appeals go through the Arizona Court of Appeals before they go to the Arizona Supreme Court.

That said, appeals are difficult and knowing whether you're eligible to even file an appeal involves...
Read more »

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3 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: I’m at a loss as what to do. My ex and his wife are harassing me every day about what I can and can’t do with my kids.

My kids have been kept from me for 2 weeks then returned to me. I’m told what I can and can’t do with them on a daily basis. They won’t allow my 19 year old son to watch them when I need to work so now I’m not able to work as I have nobody else to watch them when they are with me. And our... Read more »

Mike Branum
Mike Branum
answered on Jul 14, 2021

Until the custody order is modified, the Illinois order remains the agreement between you two. Unless the order specifically empowers your ex to dictate who can provide child care, he has no authority to direct you who can and cannot watch your child(ren). If there is a right of first refusal... Read more »

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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: Greetings- My Son is unmarried and his girlfriend moved from Southern California to the Phoenix area with his son.

He has no visitation or support agreement, what steps does he need to take to get an enforceable agreement?

Stephen M Vincent
Stephen M Vincent
answered on Jul 6, 2021

He should file a Petition to Establish Paternity, Legal Decision-making, Parenting Time, and Child Support with the Court and work with her on drafting a Parenting Plan. He can work with her on the Parenting Plan before or after filing the Petition to establish.

1 Answer | Asked in Child Support for Arizona on
Q: My child is 17 moved out and is demanding her child support go to her directly.

I did not approve her to move out but she will not come home.

Peter W Davis
Peter W Davis
answered on Jun 11, 2021

Arizona child support does not belong to the child. It is not her right to receive it, though the other party could potentially file a modification to change or reduce it. Further, in certain cases where the State is involved, if the child is out of the house the child support paid can be... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Should I file for child support?

My daughter was born on 11.05.2020. She will now be 7 months in 4 days and her father has yet to even have met her. He is fully aware of her and has been aware of her since I was 5 weeks and 3 days pregnant. I constantly send him updates and pictures but nothing. He has literally done nothing for... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jun 10, 2021

The risk you run filing for child support is that he files to establish legal decision-making and parenting time. Arizona law starts with the presumption that parenting time should be equal, but the Court will order something other than equal parenting time if you can show that a different order is... Read more »

1 Answer | Asked in Child Support for Arizona on
Q: Are child care expenses to be paid from the child support I recieve?

We have a parenting agreement and no were in our legal paperwork does it stipulate child care was factored into child support.

Randi Sirlin
Randi Sirlin
answered on Apr 21, 2021

The answer to your question depends upon whether there currently exists a child support order. In general, child care expenses paid by one parent result in that parent having a "credit" of sorts for payment of the child care. However, some times the court will allocate the cost between... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Have an IV-D Establishment of Support hearing coming up in July. Just wanted to know can I ask for parenting time then?

Mother filed in Wisconsin. She also won sole custody because I couldn't make it to the hearing. She lives out here in Arizona, but says she lives in Wisconsin. We lived together out here 4 years ago and my child was born out here as well. I dont know what needs to be done. If it's... Read more »

Rich J. Peters
Rich J. Peters
answered on Apr 13, 2021

I am sorry to say that you will not be able to raise parenting time issues at the IV-D child support hearing.

1. File a Petition to Establish Legal Decision Making and Parenting Time.

2. Hire a process server to get Mother served, or mail via certified mail, or ask her to accept...
Read more »

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: My ex wife, who has custody of our 3 kids is moving them out of state without my consent.

Our court paperwork says she needs my written consent but she seems to think that because there has been a lapse in my child support payments, due to me switching jobs and trying to set up wage garnishment for months now (because the last time I tried to mail in my child support obligation it got... Read more »

Mike Branum
Mike Branum
answered on Feb 24, 2021

Arizona law requires a 45-day notice, in writing, of intent to move out of state. Your parental rights are not directly tied to whether or not you are current with child support.

Child custody matters across state lines (and it sounds like there are three or more states involved in this...
Read more »

1 Answer | Asked in Child Support for Arizona on
Q: Calculating days for child support, do we use actual parenting time or time according to our original plan

My ex wants to modify child support- We divorced 5 years ago and at that time we agreed no support was owed either way. He now wants support- he is making less and has another child. Parenting plan gave us 3.5 days each exactly

In 2019, we informally modified our schedule. Our child is... Read more »

Paul Ylvisaker
Paul Ylvisaker
answered on Jan 2, 2021

You cannot modify parenting time order informally. The original order remains binding until modified by the court. The same applies for child support. If parents cannot reach accommodation on parenting time to present jointly to the Court, you will have to go back to court and present your... Read more »

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