Q: What penalties will there be for a parent with no custody voluntarily going to inpatient rehab while owing child support
Dad with no custody pays child support payment plus back child support payment every month and is wanting to turn his life around for his kids by voluntarily going to an inpatient rehab. He will have to quit his job to go so he wants to know if he will face any penalties for going to rehab because he won’t be able to make his child support payments while in rehab.
A:
Under Arizona law, he will continue to old child support even while he is in rehab unless he takes steps. It would be my suggestion that he file a petition for temporary modification of child support. While Arizona law allows mother to pursue child support as if father is still working, I believe he would have a very strong position to think that the court impute no income during his time of Rehabilitation.
We can certainly help him consider and then pursue his options for seeking a temporary modification of child support.. This is obviously a very important matter, and he should not go in alone.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Maddy or my paralegal Jerica to schedule a free 1/2 hour consultation.
/s/Rich J. Peters
Attorney at Law
1422 N. 2nd Street Suite 100
Phoenix, Arizona 85004
(602)254-7251
www.FamilyLawAZ.com
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