Arizona Child Support Questions & Answers

Q: On the modify child support if I am not working now, do I put in 0 income for 2018 or would need to put in my income

1 Answer | Asked in Child Support for Arizona on
Answered on May 12, 2018
Randi Sirlin's answer
It all depends on the circumstances of why you are not working and whether the Court finds good cause to do any of the following:

1. Order your income as zero;

2. Attribute minimum wage to you;

or

3. Attribute an amount consistent which what you were not previously earning.

If you need further assistance, you should contact an experienced family law attorney.
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Q: Have Judgment issued against ex wife for stealing my furniture in Superior ct of AZ. Need a collection attorney. Claim

1 Answer | Asked in Child Custody, Child Support and Collections for Arizona on
Answered on May 12, 2018
Randi Sirlin's answer
You need to file a Motion to Modify Child Support. If there has been a 15% change in circumstances, you may file for what is called Motion to Modify Child Support, Simplified Procedure, so that you may not even have a court hearing.

If you need further assistance, you should call an experienced family law attorney.
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Q: I defaulted on my divorce court hearing, and ex was given sole custody, can I go to court and get joint?

2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Answered on May 2, 2018
Peter H. Westby's answer
You can go back to court to modify the current custody orders. Child custody, parenting time and child support can all be modified where there is a change of circumstance in most cases. Before you take any action, speak with a family law attorney. Your family law attorney will learn all of the fact of your case and will be able to let you know how best to address this situation.
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Q: I owe arrears on child support. However, when the child turns 18, does the Courts automatically cease withdrawal orders?

1 Answer | Asked in Child Support and Family Law for Arizona on
Answered on Apr 21, 2018
Peter H. Westby's answer
Child support withholding does not automatically terminate. You need to petition the court to terminate current child support, determine the amount of your support arrearage and obtain orders as to how this will be paid. This should be done in advance of your child's becoming 18 or graduation from high school, whichever is later. I recommend that you seek the advice of a family law lawyer before you take any action. There is always the possibility of unintended consequences when you file...
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Q: if you have joint custody and he doesn't honor the 111 overnights in the decree, is he still entitled to joint?

1 Answer | Asked in Child Support for Arizona on
Answered on Apr 19, 2018
Randi Sirlin's answer
If Arizona ordered the child support, it has "exclusive, continuing jurisdiction." Also, the children reside here (as long as they have been here at least 6 months, so that is another reason the court has jurisdiction.

If the child support was ordered in a different state, you will need to "domesticate the judgement."

You get a 10% increase for the "basic" child support obligation for any children 12 and older.

You can file for child support "simplified procedure,"...

Q: What are the guidlines for when you stop paying child support in Arizona and how do you go about that process?

1 Answer | Asked in Child Support for Arizona on
Answered on Apr 18, 2018
Randi Sirlin's answer
If you owe child support arrears, you would pay them until they are paid off.

If it is regular child support, a parent can stop paying after the child turns 19 or graduates from high school, whichever comes first.

You can submit a Motion to Modify or you may be able to submit an "order withdrawing the withholding order."

If you need additional assistance, I recommend contacting an experienced family law attorney .

Q: I have child support in AZ and CA, but they are only leaving me with less than half my monthly check. Can they do that?

1 Answer | Asked in Child Support for Arizona on
Answered on Apr 16, 2018
Randi Sirlin's answer
Possibly. If you received services through the Department of Economic Security (food stamps, health insurance), the State may have an interest in the funds.

However, you may want to modify child support to make sure you are getting your fair share.

If you need assistance, you should contact an experienced family law attorney.

Q: If child turns 18 and still enrolled in school , college, how long does he still have to pay child support?

1 Answer | Asked in Child Support and Divorce for Arizona on
Answered on Apr 13, 2018
Randi Sirlin's answer
First, a parent is required to pay child support until a minor child turns 19 or graduates from high school

How long he has to pay child support will depend on whether there are any child support arrears. If so, he may have to pay child support for many years.

If you need assistance with your child support case, the best advice is to contact an experienced family law attorney.

Q: Can I still get child support if the father of my baby lives in mexico ?

1 Answer | Asked in Child Support for Arizona on
Answered on Apr 12, 2018
Randi Sirlin's answer
You should file for child support. He doesn't have to be a citizen to be required to pay child support. You will, however, need to serve him. There are many methods of doing so.

If you need assistance, you should contact an experienced family law attorney.

Q: I am trying to relocate more than 100 miles with children father refuses to accept certified letter of intent.

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Answered on Apr 4, 2018
Peter H. Westby's answer
I recommend seeking legal assistance. Without father's consent you will need to petition the court to approve your relocation. At the same time you should consider seeking a judgment for back child support, sanctions for non-payment and, perhaps, modification of child support. Your family law attorney can advise you of your legal rights and best remedies.

Q: If the father of my twins has signed the their birth certificate and gave the twins his last name.

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Answered on Apr 2, 2018
Peter H. Westby's answer
Since your case is a contested matter, I strongly recommend that you obtain legal counsel to assist you. Many fathers have made similar arguments. The court is skilled in seeing through them in most cases. But your case needs to be well presented. If you cannot afford counsel, contact Community Legal Services or the Volunteer Lawyers Program of the State Bar of Arizona. They may be able to match you with an attorney who will work without a fee.

Q: I am being summoned to go to court due to a petition to establish child support. I am not the biological father.

1 Answer | Asked in Child Support and Family Law for Arizona on
Answered on Mar 26, 2018
Peter H. Westby's answer
You must appear and defend this action using your DNA testing results. If you do not, you could be ordered to pay child support. I recommend hiring a family law attorney to assist you with this important matter.

Q: If I’m breastfeeding twins (10months) can the father request overnights (parenting time)?

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Answered on Mar 23, 2018
Peter H. Westby's answer
The father can make any request that he deems appropriate. Your judge will decide. Your circumstances are such that, if you object to father's request and offer a reasonable alternative proposal, such as visitation in your home for a few hours while the children are so young, you have a good chance of getting an order that is in the best interest of your children.

Q: My wife claimed my son on her taxes for 2017 even though it was my year to do so as per our divorce decree. My rights?

1 Answer | Asked in Child Custody, Child Support, Divorce and Tax Law for Arizona on
Answered on Mar 20, 2018
Linda Simmons Campbell's answer
Look at your divorce agreement. Some agreements will allow the parent who is receiving child support to claim the child if the other parent is behind on child support. If that is not the case then likely your only recourse will be to take her back to court to enforce your agreement.

Q: Are my ex husband and I required to exchange financial info if we both agreed for neither party to pay child support

1 Answer | Asked in Divorce and Child Support for Arizona on
Answered on Feb 24, 2018
John R Gaertner Jr's answer
The order is clear that the parties must ("shall") exchange financial information every 24 months. If your ex does not. you can file a Petition to Enforce the Consent Decree and request the Court sanction him for his failure to comply and force him to produce the records. Inform your ex that if he does not produce the information by a certain date (give him just another week or so), you will be going to the Court to resolve his Contempt.

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
Randi Sirlin's answer
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...

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
Salim U. Shaikh's answer
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.

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
Randi Sirlin's answer
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.

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
Randi Sirlin's answer
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...

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
Randi Sirlin's answer
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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