O decisiones on the child when there hasn’t been any court order
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.... View More 
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.
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... View More
I did not approve her to move out but she will not come home.
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... View More
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... View More
Support saying that they put a lien on any property he has. Does that mean ex can sell the property whenever the ex wants?
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... View More
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... View More
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... View More
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... View More
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.
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... View More
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... View More
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,... View More
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... View More
I'm trying to give myself an idea
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... View More
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?
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... View More
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... View More
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.
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... View More
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... View More
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... View More
To Pay child support once I get married? (Me and the mother were never married)
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... View More
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