Q: Can I still get Child Support?
Court Order for child support established 2004. Father was incarcerated in 2008 and in 2009 got the Order reduced down to $0. Father has not paid any support from 2009 to today 2015. Due to financial difficulty my son and I now reside at his fathers house however, we are not in a personal relationship, (father's girlfriend lives there also). Can a new support order be established? Father does not pay for anything other than the rent that he had before we were forced to move in with him. My son and I are unable to move out until Father starts to pay some support, will the Judge understand this or will he deny a new support order
A: You can modify the child support order, though the judge may offset the obligation by the expenses he's already covering for you and your child. I understand that his rent remained constant, but rent and living expenses are built into the child support calculator. There also may be a presumption that he's already adequately supporting the child. I would encourage you to find a way to move out before you modify. You can use the Arizona child support calculator to determine approximately what he will owe you, if the order is modified.
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