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Questions Answered by Peter W Davis
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 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 »

2 Answers | Asked in Divorce for Arizona on
Q: How long does it take to get divorced?
Peter W Davis
Peter W Davis answered on Jun 11, 2021

That is not easily answered as there are a number of reasons that a case can take time. The fastest you would be able to get a divorce is 60 days in Arizona as there is a statutory "cooling off" period, meaning a judge can't sign an order until 60 days after the other party is... Read more »

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1 Answer | Asked in Child Custody for Arizona on
Q: Hello my husband owes arrears for child support. He been paying but he still owes a lot. He received a letter from child

Support saying that they put a lien on any property he has. Does that mean ex can sell the property whenever the ex wants?

Peter W Davis
Peter W Davis answered on Mar 2, 2021

The lien does not confer the right in her to foreclose the property. It places a notice to the finance company or new purchaser that there is another interest in the property. Essentially, if you sell or potentially even refinance the house the lien holder can come after the equity that would... Read more »

2 Answers | Asked in Child Custody and Family Law for Arizona on
Q: Is it possible for a judge to grant visitations unsupervised to a child that has not had a relationship with her father?
Peter W Davis
Peter W Davis answered on Jan 8, 2021

The short answer is yes, it is possible. However, just like any other case it is detail and case specific. The judge will make a best interest finding in determining what the best interest of the child is, and most of the time in this sort of situation that would be a stepped plan to introduce... Read more »

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3 Answers | Asked in Family Law for Arizona on
Q: My friend got put in jail for not paying child support. She hasn't gone to court yet for sentencing and the jail won't

The jail won't let me bail her out. They didn't give her a lawyer or anything. And Im trying to help her but can't afford a lawyer. The jail is telling me she needs to go to court and bail needs to be posted there, but she won't be released until the court date. I am honestly... Read more »

Peter W Davis
Peter W Davis answered on Nov 2, 2020

the jail is giving you bad information. when someone is arrested for child support there is no bail to be paid, but a purge amount associated with the warrant. The purge amount gets paid and the individual will be let out with a hearing date set. If the purge cannot be met, she will stay in jail... Read more »

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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: Where do i get the form to file for arrears modification
Peter W Davis
Peter W Davis answered on Oct 26, 2020

There is no specific form for this. The law library has a self service area which should contain blank motion forms that you can ask the court to do anything including modify arrears. I have also seen pro-per litigants use the child support modification form to modify arrears only.

1 Answer | Asked in Family Law and Child Support for Arizona on
Q: How do i put in a request to modify arrears payment and request forgiveness on the interest.
Peter W Davis
Peter W Davis answered on Oct 26, 2020

I am assuming you are asking this in regards to child support arrears. Modifying an arrears payment requires a motion to modify through the Court. Forgiving the interest is a trickier question and may depend on whether your case is classified IV-D or not. The interest on arrears generally belongs... Read more »

1 Answer | Asked in Family Law and Child Support for Arizona on
Q: How do I file a request to modify arrears payments and a request to forgive the interest on arrears
Peter W Davis
Peter W Davis answered on Oct 26, 2020

I am assuming you are asking this in regards to child support arrears. Modifying an arrears payment requires a motion to modify through the Court. Forgiving the interest is a trickier question and may depend on whether your case is classified IV-D or not. The interest on arrears generally... Read more »

2 Answers | Asked in Family Law and Child Support for Arizona on
Q: I would like to know how and if there is a way to address current child support order.

I struggled to obtain a well paying job last year, I was let go once and I was out of a job for a few months, currently with COVID my income was affected. The first child support order was at $345 when I was consistently earning a decent income, but I no longer work there and my hours fluctuate,... Read more »

Peter W Davis
Peter W Davis answered on Sep 18, 2020

Child support can be modified in Arizona at anytime upon a showing of substantial change in circumstances. This can be done by one of 2 methods, a simplified modification where you file, serve the other party and if they don't request a hearing the Court orders your modification. There is a... Read more »

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1 Answer | Asked in Child Support for Arizona on
Q: I live in Arizona i make $2,985 every month and my sons mom makes $1,916 how much will I need to give of child support

I'm trying to give myself an idea

Peter W Davis
Peter W Davis answered on Sep 4, 2020

The amount of income is only 1 aspect that goes into the child support worksheet to determine what it should be. In addition to that , the worksheet contemplates whether there are other support orders, other children not in common, cost for insurance, daycare, school, parenting time, and a few... Read more »

1 Answer | Asked in Family Law and Child Support for Arizona on
Q: Attempting to modify child support order. Ex is remarried; does the new spouses' income affect the income calculation?

Together, they make a substantial income compared to pre-remarriage. When I use the online calculator, am I still to only user the ex's income only, or am I to find out what they make as a household income combined, and use that figure?

Peter W Davis
Peter W Davis answered on Sep 3, 2020

Parties income alone is what is generally used, not household income. However, there is something called the self support reserve that is discretionary which could reduce child support due to low funds. The judge can choose not to apply the self support reserve if a party has additional resources... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: If you have 50/50 no child support each parent pays for the clothing, food, shelter while the child is in their care,

Can The other parent try to take the father to court if the father marries a new partner with children? I was never married to my sons mother, now I am getting married and she is saying she will take me to court for child support if I do. My soon to be wife does make good money but she also... Read more »

Peter W Davis
Peter W Davis answered on Aug 20, 2020

Child support can be established at any time the parties are living apart. It can also be modified at anytime upon a showing of substantial and continuing change in circumstances.

1 Answer | Asked in Child Support for Arizona on
Q: Is a father who is paying child support responisble for college tuition if child stays in dorms in Mississippi
Peter W Davis
Peter W Davis answered on Aug 20, 2020

Arizona child support generally terminates at 18 or graduation from high school, which ever is later, not to exceed the 19th birthday. In some instances a Court can order that child support continues past this time for good cause, generally for disability cases. College tuition would not fall... Read more »

1 Answer | Asked in Child Support for Arizona on
Q: AZDES closed my child support case. Said location of my ex is unknown. Owes me close to 200K. Does he still owe arrears?

My case is in AZ. My daughter and myself live in California.

On April 28th the Child Support arrears balance was Total: $164,569.41. I looked a few days ago and it was $0.00. I called AZDES Child Support Enforcement and they said it was closed on July 20th as they don't know his... Read more »

Peter W Davis
Peter W Davis answered on Aug 20, 2020

Just because DCSS closed your case does not mean his arrears are gone. Those arrears are owed to you and the statute of limitations was abolished on child support arrears in 2005 (though older cases may still be subject to it). If you have new information about his whereabouts, then alert DCSS... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: If I have a 50/50 court order nochild support (each parent pays for the 3 1/2 days we both have the child) will I have

To Pay child support once I get married? (Me and the mother were never married)

Peter W Davis
Peter W Davis answered on Aug 20, 2020

in Arizona, Marriage of the biological parents terminates any pre-existing child support order as a matter of law, so while you can go an get an order terminating it, it is not necessary. If the State child support services is involved, simply bring them your marriage certificate and they will... Read more »

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