Lawyers, Answer Questions  & Get Points Log In
Arizona Child Support Questions & Answers
1 Answer | Asked in Child Support for Arizona on
Q: My child is 17 moved out and is demanding her child support go to her directly.

I did not approve her to move out but she will not come home.

Peter W Davis
Peter W Davis 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... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Should I file for child support?

My daughter was born on 11.05.2020. She will now be 7 months in 4 days and her father has yet to even have met her. He is fully aware of her and has been aware of her since I was 5 weeks and 3 days pregnant. I constantly send him updates and pictures but nothing. He has literally done nothing for... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jun 10, 2021

The risk you run filing for child support is that he files to establish legal decision-making and parenting time. Arizona law starts with the presumption that parenting time should be equal, but the Court will order something other than equal parenting time if you can show that a different order is... Read more »

1 Answer | Asked in Child Support for Arizona on
Q: Are child care expenses to be paid from the child support I recieve?

We have a parenting agreement and no were in our legal paperwork does it stipulate child care was factored into child support.

Randi Sirlin
Randi Sirlin answered on Apr 21, 2021

The answer to your question depends upon whether there currently exists a child support order. In general, child care expenses paid by one parent result in that parent having a "credit" of sorts for payment of the child care. However, some times the court will allocate the cost between... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Have an IV-D Establishment of Support hearing coming up in July. Just wanted to know can I ask for parenting time then?

Mother filed in Wisconsin. She also won sole custody because I couldn't make it to the hearing. She lives out here in Arizona, but says she lives in Wisconsin. We lived together out here 4 years ago and my child was born out here as well. I dont know what needs to be done. If it's... Read more »

Rich J. Peters
Rich J. Peters answered on Apr 13, 2021

I am sorry to say that you will not be able to raise parenting time issues at the IV-D child support hearing.

1. File a Petition to Establish Legal Decision Making and Parenting Time.

2. Hire a process server to get Mother served, or mail via certified mail, or ask her to accept...
Read more »

View More Answers

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: My ex wife, who has custody of our 3 kids is moving them out of state without my consent.

Our court paperwork says she needs my written consent but she seems to think that because there has been a lapse in my child support payments, due to me switching jobs and trying to set up wage garnishment for months now (because the last time I tried to mail in my child support obligation it got... Read more »

Mike Branum
Mike Branum answered on Feb 24, 2021

Arizona law requires a 45-day notice, in writing, of intent to move out of state. Your parental rights are not directly tied to whether or not you are current with child support.

Child custody matters across state lines (and it sounds like there are three or more states involved in this...
Read more »

1 Answer | Asked in Child Support for Arizona on
Q: Calculating days for child support, do we use actual parenting time or time according to our original plan

My ex wants to modify child support- We divorced 5 years ago and at that time we agreed no support was owed either way. He now wants support- he is making less and has another child. Parenting plan gave us 3.5 days each exactly

In 2019, we informally modified our schedule. Our child is... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 2, 2021

You cannot modify parenting time order informally. The original order remains binding until modified by the court. The same applies for child support. If parents cannot reach accommodation on parenting time to present jointly to the Court, you will have to go back to court and present your... Read more »

1 Answer | Asked in Child Support for Arizona on
Q: I have questions about modifying child support

My stepdaughter's mother does not work(by choice) she relies on her husband to support their family. My husband and I both work, I am trying to figure out how to properly do the child support calculator to have an idea of what we should look at when we go to court to modify. I am wondering if... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 1, 2021

Only the two legal parents income is counted. There may be an indirect consideration of the court for household income, but that is not a legal consideration and the court should be reminded of that. If the other parent is unemployed, for a variety of reasons the court may only attribute fulltime... Read more »

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 Child Support for Arizona on
Q: I am paying child support to my ex. My son left his house am i still obilgated to pay child support.
John R Gaertner Jr
John R Gaertner Jr answered on Oct 12, 2020

This certainly could be a substantial and continuing change of circumstances which would justify you asking for a modification or change in your child support obligation. Consult a family law attorney to discuss the matter in greater detail.

View More Answers

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 »

View More Answers

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: Is it possible to modify child support\spousal maintenance on my own? I lost my job due to Covid-19

The spousal maintenance is "non-modifiable", I have paid 11 out of the 24 required months. The Child support does not mention whether it is modifiable or not.

Mike Branum
Mike Branum answered on Aug 25, 2020

While it is possible, your focus, at this point, should be on regaining employment. Your unemployment is, or at least should not be, a permanent change in your financial situation. Once you are again employed, you can input your new income figures into the child support calculator to determine if... 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)

Mike Branum
Mike Branum answered on Jul 22, 2020

You should not be required to pay child support because you would basically be paying yourself since you and your new wife would share the marital estate. You should request the Court vacate the child custody and child support order once the marriage is official. The order will remain in place... Read more »

View More Answers

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Arizona on
Q: Hello! In Arizona to file a motion for a change of venue what are things I should include and not include?
Jay Hall
Jay Hall answered on Jul 20, 2020

We can't really offer any specific instruction for document preparation. But you can review A.R.S. § 12-406 for general requirements for motions to change venue. Generally speaking, cases involving child custody should be heard in the county in which the child primarily resides. If there... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.