Arizona Child Support Questions & Answers

Q: I’m currently paying child support in IA now live in AZ & I am going to have to pay for anothe child here who gets more?

1 Answer | Asked in Child Support for Arizona on
Answered on Feb 21, 2018

I can only advise you regarding Arizona law, as I am not licensed to practice in Iowa.

There are many considerations regarding the amount of child support to be ordered by the Court in Arizona.

The court considers the respective incomes of the parents, the parenting schedule (how much time each parent spends with the child or children), who pays for medical insurance and more.

One of these many considerations is whether a parent is already paying child support for a...
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Q: Does the father have any legal right to know the physical address and general well being of his kids

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Answered on Feb 16, 2018

Being a father, yes. By the way, who is full or partial custodian of kids .... mother? Even if kids are in full custody or under support of their mother, father still can ask permission for visitation.
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Q: Judge ordered I pay cs now due to change in pt. I was late on some payments, trying to estimate interest. How can I?

1 Answer | Asked in Family Law and Child Support for Arizona on
Answered on Feb 13, 2018

You can request an official Arrearage Calculation with the Court. In the meantime, you can obtain an unofficial payment history through the Court and on line.
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Q: Pinal County AZ. Made 2 years of child support payments directly without going through clearinghouse.

1 Answer | Asked in Child Support for Arizona on
Answered on Feb 6, 2018

If you have copies of canceled checks, for a specific amount, each month and can prove that to the judge, you may be able to get credit for those 2 years of payments.

If you made periodic payments in varying amounts, you may be able to get credit, but the Court could decide you made "gifts," to the other parent.

In the future, pay through the clearinghouse whenever you can and, if you cannot do so, be sure to have the other parent sign the Affidavit of Direct Payments and send...
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Q: Never served papers, upon ordering from county clerks, ex had papers sent to her house and signed for. She filed. Legal?

1 Answer | Asked in Child Support for Arizona on
Answered on Feb 6, 2018

It is definitely NOT acceptable for her to sign for the documents! I would call up the judicial assistant for the judge or commissioner (you can find that information at superiorcourt.maricopa.gov) and let them know you will be filing an Emergency Motion to Continue.

Then you must file it promptly. The rules regarding emergency motions are available at azcourts.gov, under Arizona Rules of Family Law Procedure.

If you need assistance, I suggest you hire an attorney as soon as...
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Q: I paid the total child support ordered for this year but I was late one or two times do I get to claim my child still?

3 Answers | Asked in Child Support and Family Law for Arizona on
Answered on Feb 5, 2018

The commissioner is correct. As long as you have paid all of your child support by December 31 of any given year, you can claim your child for purposes of the minor child tax credit and minor child tax exemptions if it is your year to do so.

You can also order an official arrearage calculation to be sure.

I would contact an experienced attorney if there are any problems with the arrearage calculation.
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Q: How do I modify an incorrect date in my divorce decree?

1 Answer | Asked in Child Support for Arizona on
Answered on Feb 5, 2018

You may want to file a Motion to Modify Order of Assignment. You may be able to call the attorney general's office and have them take care of this for you.
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Q: What if the father files first asking for child support and makes more money than the mother who is responding?

1 Answer | Asked in Child Support for Arizona on
Answered on Feb 2, 2018

One need not file first to be entitled to child support. Even if one parent makes more than the other parent, he or she may be entitled to child support.

Regarding child support, the Court seeks to provide for the child a lifestyle that is a close to the one the child enjoyed, although there are not two separate households.

It is best to seek the advice of an experienced family law attorney to determine child support. However, in the meantime, you can access the current...
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Q: What steps to take after a parent files taxes incorrectly?

1 Answer | Asked in Tax Law, Family Law and Child Support for Arizona on
Answered on Jan 30, 2018

I recommend that you meet with your CPA and make sure that your taxes are filed correctly. You cannot control what your ex does on his tax return. But you can make sure that your return is correct. If there is an audit, your ex will have to support his action in taking both exemptions. If he cannot, he will likely have to pay additional tax and, possibly, penalties and interest.
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Q: 6mo pregnant.If i give my baby a last name from a man whos not her father can i still apply for child support?

1 Answer | Asked in Child Support and Family Law for Arizona on
Answered on Jan 26, 2018

You can apply for child support from your baby's father no matter what name is on your child's birth certificate. You may need to file a paternity action to have the court determine who the birth father is and set child support orders and custody/visitation orders. If the birth father denies paternity, the Court can order DNA testing.
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Q: Can i still get child support if i give my baby another mans last name that isnt his fathers?

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Answered on Jan 26, 2018

The name that is on your child's birth certificate does not prevent you from obtaining child support from your child's father. You should consider filing a paternity action to ask the court to determine the father of your child and set child support and custody orders. If paternity is denied, the court can order DNA testing.
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Q: my child support never ended after I married my son's mother and now I owe back support? what forms do I need to stop?

1 Answer | Asked in Family Law and Child Support for Arizona on
Answered on Jan 26, 2018

File a motion to terminate child support. You can find forms that can be of help on the Maricopa County Superior Court website.
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Q: I need some direction to where I can find information about child alienation and child support laws.

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Answered on Jan 26, 2018

These are difficult cases. If at all possible, I recommend that you hire an experienced attorney and do not try to do this on your own. If you must represent yourself, you need to go to a law library and seek the help of one of the librarians to direct you to the information you need.
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Q: my ex is living with someone that is using drugs. He has weekend custody of our 2 yr. Can i do anything about it?

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Answered on Jan 19, 2018

Yes. You can file an emergency petition with and without notice for modification of parenting time.
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Q: Can my ex ask for child support back?

1 Answer | Asked in Child Support for Arizona on
Answered on Jan 17, 2018

If there is a current order for child support, child support has to be paid in accordance with the Order.
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Q: how can I stop child support if I am recovery of two heart surgeries?

2 Answers | Asked in Child Support for Arizona on
Answered on Jan 17, 2018

While I cannot give you legal advice, I can provide you with legal information to help you.

You need to file an Emergency Petition to Modify Child Support and include the reasons why you need a Modification. You should do this immediately.

Can you end up in jail if the other party requests a civil arrest warrant. You can order an official arrearage calculation with the Court and find out how much you owe. If you are in extremely poor health (for example, bed-ridden) you are...
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Q: Divorce decree states ex wife waives child support but today I received a letter from the state asking for support.

1 Answer | Asked in Child Support and Family Law for Arizona on
Answered on Jan 15, 2018

I recommend you seek the advice of a Colorado lawyer. Your wife's waiver of child support is likely not binding upon the State of Colorado. Depending upon your circumstances, you may need to pay child support. You should participate in this process with the help of a Colorado attorney so the amount of support fixed by the Court is correct.
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Q: My ex girlfriend did not show up for child support the first time. Can she still file me again?

1 Answer | Asked in Child Support for Arizona on
Answered on Jan 5, 2018

The Answer may be more extensive depending on whether you and she made agreements in writing and signed them.

Yes, she can file again. She has to timely serve you with a copy of a new Petition for Modification of Child Support. You then must file and provide to her a Response and a Request for Hearing.
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Q: Can my ex still file child support after a no show the first time?

1 Answer | Asked in Child Support for Arizona on
Answered on Jan 5, 2018

While I can't give you legal advice without knowing more about your circumstances, I can let you know what usually happens in Arizona.

If your ex ever received Department of Economic benefits, such as AHCCCS or food stamps, the attorney general may go after child support later on.

If he was a "no show" at a hearing, you should do a motion to dismiss and file it with a proposed order.

Hope that helps!
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Q: If my 18 year old daughter gets married and I have not paid child support. Do I still need to send her money.

1 Answer | Asked in Child Support for Arizona on
Answered on Dec 30, 2017

This all depends, as I note you are asking this question from Washington State.

In general (without knowing all relevant facts of your case), child support is generally owed to the parent, not the child, and, sometimes, also due to the Attorney General's office, if the payee parent received social services.

A parent may have a number of years to seek child support arrears after a child turns 18.
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