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Arizona Child Support Questions & Answers
1 Answer | Asked in Domestic Violence, Family Law and Child Support for Arizona on
Q: Legal steps for protection against husband's abuse and neglect.

My sister's husband, who earns a good income, is addicted to alcohol and abuses her. He and his brother have also abused their parents, with police warnings issued against them. Despite having two children, he neglects them financially, claiming he has no money while continuing to spend on... View More

James L. Arrasmith
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answered on Jun 14, 2025

Your sister doesn’t have to suffer in silence. If she is being abused—physically, emotionally, or financially—she can seek a protection order through the court. A restraining order can legally stop her husband from contacting or approaching her and the children, especially if there’s a... View More

1 Answer | Asked in Divorce, Child Support and Family Law for Arizona on
Q: Separated from wife after infidelity; income details and obligations for daughters' needs

I have separated from my wife due to my infidelity. We have two daughters, aged 13 and 17. My net monthly income is $23,000, which comes to $12,000 after deductions. My wife wants half of my salary, including bonuses, profits, and holiday pay. What should I be legally obligated to provide for my... View More

James L. Arrasmith
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answered on Jun 12, 2025

You're going through a tough and emotional chapter, and it's good that you're trying to get clear on your responsibilities. In most states, your legal obligation is to support your children—not necessarily your wife, unless spousal support is ordered separately. Child support is... View More

2 Answers | Asked in Civil Litigation, Family Law and Child Support for Arizona on
Q: How to respond to civil lawsuit claiming $16,000 owed to ex-wife in Arizona?

I was served with a civil lawsuit by my ex-wife. She claims I owe her $16,000 for bills and a child support case from a previous relationship that she paid as a gift two years ago. There was no agreement for me to repay her. How should I proceed with filling out the civil lawsuit answer papers to... View More

Peter H. Westby
Peter H. Westby
answered on Jun 11, 2025

I do not know all the facts of your case and I have not reviewed the complaint served upon you. You need a lawyer to consult with you, review these materials and assist you with the defense of this claim. This is a Superior Court case in Arizona and attorney fees can be awarded. It is important... View More

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3 Answers | Asked in Child Support, Internet Law and Family Law for Arizona on
Q: Options if someone lied on Child Support AFI in Arizona.

I discovered that someone lied on their Child Support AFI submitted to the courts a year ago, and I found this information online. I believe correcting this could significantly reduce my child support obligations. There has been no contact or deadlines mentioned regarding this issue. What options... View More

Rich J. Peters
Rich J. Peters
answered on Jun 4, 2025

You would need to file a "Rule 85 Motion", claiming that you have new evidence that you JUST became aware of, and you will need to have very good reasns for coming back this late. Your Motion will need to explain the factual and legal basis, and will need to include affidavits or... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: How can I revoke visitation rights and seek increased child support in Arizona?

I am the primary custodial parent and currently have a custody arrangement where the father has alternating weekends during the school year and alternating weeks during the summer. I am experiencing challenges because the visitation environment has become toxic and negative for the child.... View More

Rich J. Peters
Rich J. Peters
answered on May 13, 2025

You would need to file a Petition to Modify Parenting Time and Child Support. The court may modify parenting time rights whenever modification would serve the best interest of the child, This is just a very general description, and there is so much more to discuss, including timing issues as to... View More

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1 Answer | Asked in Child Support and Family Law for Arizona on
Q: Which name to use on child support petition after ex-wife's name change?

I am completing a self-service court petition to terminate child support in Pima County, Arizona. My ex-wife has changed her name since our divorce from my last name back to her maiden name. The petition lists "petitioner" and "respondent" without specifying which name to use.... View More

James L. Arrasmith
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answered on May 14, 2025

When filling out your child support petition, it's best to use your ex-wife’s legal name as it appears in official court records, especially on the existing child support order. This helps the court match your current filing to the correct case without confusion. If her name has legally... View More

2 Answers | Asked in Family Law, Child Support and Civil Litigation for Arizona on
Q: My spouse left AZ, withholding support; what legal actions can I take?

I have been a stay-at-home mom for 2 years after getting married. My spouse has been the sole provider, but he left Arizona last year and refused to send any money to support me and my children. He returned in February but continues to withhold finances, leaving us destitute even though he has the... View More

Rich J. Peters
Rich J. Peters
answered on Apr 28, 2025

One option Is to file for divorce. You could make a claim within the divorce for spousal maintenance. You can even then file a petition for temporary orders regarding spousal maintenance which is the quickest way you can see your judge and the quickest way to get some money flowing.

In...
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1 Answer | Asked in Contracts, Family Law and Child Support for Arizona on
Q: Legal concerns for an exclusivity agreement in Arizona including child valuation.

I'm considering creating a contract similar to a prenuptial agreement, but it would be more of an "exclusivity agreement" between two consenting adults who are not intending to marry. This contract would include a financial penalty for breach and involve specific terms related to any... View More

James L. Arrasmith
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answered on Apr 16, 2025

You are entitled to enter into private contracts with another adult, including exclusivity agreements with financial consequences. However, Arizona courts will not enforce any term that conflicts with public policy or statutory protections—especially when it comes to children. Assigning a fixed... View More

2 Answers | Asked in Child Support and Family Law for Arizona on
Q: Can child support payments be increased due to a one-time bonus in Arizona?

I am the custodial parent seeking a court-ordered modification to increase child support payments. The non-custodial parent received a significant one-time bonus from a lucrative construction development project about eight months ago. Our existing child support agreement was established through a... View More

Rich J. Peters
Rich J. Peters
answered on Mar 24, 2025

You have described several reasons that you may be entitled to a child support modification, which are not related to his one time bonus.

Under Arizona law, seasonal or fluctuating income within a year are annualized to determine the average monthly Child Support Income. If this is truly...
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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: Is my ex required to provide me with a copy of his medical records and doctors information?

My ex is telling me that he doesn't have to provide me with documents with his doctor's information listed on it, it's basically a letter from his doctor saying that he's unable to work and he said he provided to the courts but he won't give me a copy with the documents he... View More

Rich J. Peters
Rich J. Peters
answered on Feb 4, 2025

If he intends to rely on that documentation and wants the court to review that documentation to make some sort of decision in your child support matter, you must be provided copies. Please Google Arizona Rules of Family Law Procedure "Rule 49" which describes those obligations.... View More

2 Answers | Asked in Family Law and Child Support for Arizona on
Q: Can dad request a modification for child support if I've already submitted an enforcement

I filed for enforcement for child support, dad said he's not working and can't because of medical reasons and has documents (he says) to provide if needed. He informed me that he'll be petitioning to modify child support before hearing to show he's unable to work....what will... View More

Stephen M Vincent
Stephen M Vincent
answered on Feb 3, 2025

The modification will not affect your enforcement. Modifications are prospective only; they do not go back in time and adjust any child support amounts from previous months. He will still owes your for any missed child support payments from the past.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: Am I liable to pay repo vehicle cost after divorce when the ex wife was supposed to take me off the title?

Ex wife never got me removed off title of her vehicle after being divorced for 3 1/2 yos. She got the vehicle repoed in October 2024 due to no payment and a second vehicle repoed in December of 2024. She has not made any attempts to make payments and now has asked me for 2 separate down payment... View More

Rich J. Peters
Rich J. Peters
answered on Jan 17, 2025

If wife was ordered to take care of the debt related to the vehicle, then that remains true even now, but unfortunately is only binding upon the two of you. It is not binding upon the creditor who can pursue either of you if you were both on the loan. One option that you have is to file a petition... View More

2 Answers | Asked in Child Support, Divorce and Family Law for Arizona on
Q: Does substantial income difference between the two parties mean spousal maintenance is required?

I make 60k/yr, spouse makes 100k/yr. We are divorcing with minor children, filing for 50/50 custody and 50/50 property & debt.

He claims that our income difference is figured into the child support and that spousal maintenance only applies if one person cannot financially afford to live... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 3, 2025

You asked what the "actual grounds" are for spousal maintenance. Arizona's spousal maintenance law is very complex. But here is probably the simplest way to explain it:

First Step: Determine Eligibility

You have to qualify under one of the grounds listed under ARS...
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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: How do I get arrears child support from mom credited to what I pay monthly now that the kids moved in with her?

Both Kids 12 and 14 have lived with me since birth, I have full custody of them this past September they moved in with her. She was down just under 30k in child support at that time. Im trying to get my monthly payment reduced by offsetting it with what she owes me.

I filed a motion to... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 9, 2024

It unfortunately does not work that way, which I know is frustrating and makes no sense. But you have to pay the court-ordered amount for child support every month regardless of what she owes you. Like I said, it makes no sense, but it's the situation you're in. If she's not making a... View More

1 Answer | Asked in Family Law and Child Support for Arizona on
Q: What are my options as NCP who can't attend a negotiation conference for child support in south carolina

I live in Arizona

Stephen M Vincent
Stephen M Vincent
answered on May 27, 2024

If I'm understanding this correctly, you live in Arizona, and your case is in South Carolina? If so, you should ask this question to attorneys licensed in South Carolina. Attorneys licensed in Arizona cannot advise you.

1 Answer | Asked in Child Support and Family Law for Arizona on
Q: I live in Maricopa county and I have a warrant out of Michigan for child support. What can I do to stop the extradition

If Michigan wants to extradite me and I did not sign the waiver for extradition what can I do to prevent it from going back to jail at and the governor signed the fugitive and warrant and I have a status conference? What should I do at this conference so I don't end up in jail?

James L. Arrasmith
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answered on Feb 25, 2024

If you have an outstanding warrant in Michigan and they are seeking to extradite you to face charges there, your options are limited. However, here is some advice:

1. Hire an attorney. You need legal counsel both in Arizona and Michigan to try to challenge the extradition and/or resolve the...
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1 Answer | Asked in Criminal Law, Family Law and Child Support for Arizona on
Q: At a fugitive of justice hearing in Maricopa county and there's a status conference when I'm out on bond. What to expect

Hello maricopa county, I got arrested for a warrant out of Michigan for child support and I got bonded out now I have to go to a status conference. What should I expect at the status conference? Will they put me back in jail.

James L. Arrasmith
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answered on Feb 25, 2024

Here are a few key things you can expect at a status conference for a fugitive of justice case in Maricopa County:

- The judge will check in on the progress of getting you extradited back to Michigan to face the child support warrant. The prosecutor will update if Michigan has begun that...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Should I request Child Support?

I want to ask for sole custody at a later date but would it backfire if I said I dont want child support or would it help my case? I also have another child from a different relationship. I have the children 10 months out of the year and he has them throughout the year but it equates to 2 mos. I... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 22, 2024

Asking or not asking for child support will have no impact on your custody case. The Court does not consider child support when determining custody, but once it determines custody, the amount of time awarded impacts the child support amount.

You should run numbers through an Arizona Child...
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1 Answer | Asked in Child Support and Family Law for Arizona on
Q: Will new income or old income at time of divorce be used to calculate child support

While I was married to my ex husband his income general increased over time thru hard work and pay rasies. When we divorced he was making about 80K a year. He has admitted that his now soon to be ex wife (not me, one after me) always kept him home from working because she just wanted him to be... View More

T. Augustus Claus
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answered on Dec 29, 2023

In Arizona, child support calculations are typically based on the income of both parents at the time of the divorce or separation. However, if there has been a substantial change in circumstances, such as a significant decrease in the father's income, he may seek a modification of the child... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Arizona on
Q: How can I obtain a new hearing due to a variety of circumstances?

Going through a divorce and in a custody battle with my husband. He is a functioning alcoholic and weedhead. In our Temporary Custody Hearing last Wednesday, the father was cross examined by his attorney and she asked if he smoked or drank and he said no. When court ended, I found a post on her... View More

Stephen M Vincent
Stephen M Vincent
answered on Oct 23, 2023

- MOTION TO REVIEW NEW EVIDENCE: The answer is probably no, but you can give it a try by filing a Motion for Reconsideration. You'll need to explain (1) why you don't produce this evidence at trial because the Court can't consider newly discovered evidence that could have been found... View More

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