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Questions Answered by Peter W Davis
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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