Lawyers, Answer Questions  & Get Points Log In

Arizona Child Support Questions & Answers

1 Answer | Asked in Family Law and Child Support for Arizona on

Q: Do I need to appear for an ORA if I was never served

My ex doesnt want to pay child support so he wants full custody. I have been primary parent from the beginning. There is an ORA and I have yet to receive anything.

He states he doesn't know where i live but he picks our children up from our home every Thursday.

Why is there a date... Read more »

Mike Branum answered on Aug 20, 2019

There are a couple of potential reasons how a date could have been set without you being properly served. The why is not relevant to the discussion. If you are aware of a court date, it is in your best interest to show up. You can argue that you have not been properly served but the court will have... Read more »

1 Answer | Asked in Child Support for Arizona on

Q: I have a order for child support currently. but i am not receiving back child support for previous years.

can i modify current order to start receiving back child support? I do not recall being asked and up until now was confused about my rights to receive back support.

Rich J. Peters answered on Aug 1, 2019

How recently was your current Order entered? Is this the first Order ever?

THERE may be steps we can take. I would need to know more.

Please come in soon. We can certainly help you consider and then pursue your options for seeking up to 3 years of back support IF WE STILL HAVE...
Read more »

2 Answers | Asked in Child Support for Arizona on

Q: Can ex take me to court for child support years after we agreed, in court, to not pay?

We agreed that no child support will be paid in custody agreement. Both of us have remarried and had kids. She is a stay at home mom but threatens to take me to court for child support.

Rich J. Peters answered on Jul 28, 2019

Child support is always modifiable. Even Court Orders that neither parent owes the other are modifiable. However, she can never go backwards. Arizona does not allow retroactive child support modifications. So, if she believes she is entitled to a modification, every month she waits is a month... Read more »

View More Answers

1 Answer | Asked in Family Law and Child Support for Arizona on

Q: In Arizona. I signed an affidavit of paternity thinking I was father. DNA test says I'm not. I understand it's going to

be difficult. Mother also signed but was only 17 when signed. I called DES and they said that if you're old enough to have baby they accept.

Is this legally correct?

Hoping to void because of this.

Mike Branum answered on Jul 16, 2019

Under A.R.S. 25-812(E), voluntary acknowledgements of paternity not rescinded within 60 days of the last signature may only be challenged on the basis of fraud, duress, or material mistake of fact with the burden of proof on you as the challenger. If you prevail, you will have no further obligation... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on

Q: My grandson is 4 mo old. My son and his girlfriend went separate ways a month ago.

She wants child support which he is more than happy to pay. However, given the mean spirited nature of this girl, he wants things done through the court system, rather than her dictating an amount. Now she won't let him see his son until she "takes him to court". Can she keep Him from seeing... Read more »

Mike Branum answered on Jul 2, 2019

Unfortunately, without a previous child custody order, there is little to enforce. Fortunately, since there is not a previous child support order, he is also not required to pay anything. I would recommend he place whatever he is required to pay per the child support calculator in a savings account... Read more »

1 Answer | Asked in Child Support for Arizona on

Q: child came to live with me -Dad- mom had support order -I call case worker at sup ofc -noted it- support kept adding up

child 18 now- how to remove support not owed

Rich J. Peters answered on Jun 2, 2019

Unfortunately child support does not cease until you seek a modified order? Do you think mother would sign a waiver of the arrears which have been technically accruing?

No matter what you need to take steps right away. Every month you wait is a month you lose. Arizona does not allow...
Read more »

2 Answers | Asked in Child Support for Arizona on

Q: Is a biological father responsible for back child support, the child is 7 and he was just put on the b/c this year

Rich J. Peters answered on May 31, 2019

Have you already established Court Orders regarding Child Support?

If not then YES, you can ask for his Child Support Obligation to start up top 3 years prior to filing and serving your first papers.

Please come in soon. We can certainly help you consider and then pursue your...
Read more »

View More Answers

1 Answer | Asked in Child Support for Arizona on

Q: What if I got a child support notice but I don't even live in the same state or personally know them?

Rich J. Peters answered on Apr 22, 2019

It certainly would be wise to deal with it in some manner.

I would need to know more to assist in HOW to deal with it.

1 Answer | Asked in Child Support and Family Law for Arizona on

Q: Is it legal to have to pay two child support orders

What rights as a parent do i have

Rich J. Peters answered on Mar 15, 2019

I would need to know more. Are you paying to two different mothers? If so, then YES, there can be two separate child support Orders. If one Mother, there should only be one Order. Are there two states involved?

Send me some more details, and I can provide a better answer.

1 Answer | Asked in Child Support for Arizona on

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... Read more »

Rich J. Peters answered on Feb 12, 2019

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... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on

Q: Am I obligated to pay back child support if the other party did not permit me to see my children?

John R Gaertner Jr answered on Jan 5, 2019

Yes, however, you may have other issues you want to bring up with the Court. Those issues could include Enforcement of the Parenting Time order and modifying child support.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Arizona on

Q: Should I get a restraining order, request child support, or just go to court?

The father of my child and I are no longer together. He is not accepting that decision and barely supports his child. He helps pay for half of daycare each month but that's the only thing he helps with. I do not make him pay child support even though I am taking care of the major responsibilities.... Read more »

John R Gaertner Jr answered on Dec 8, 2018

You should get a protective order (Order of Protection since you have a child with Father)and go to court to address the issues of Legal Decision Making, Parenting Time and Child Support. You are justified in your concerns for your safety given Father's disturbing behaviors. Unless you address his... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on

Q: can someone help me with my family case.

Name is xxx. I am in need of help with my family case and I just had my hearing for child support on the 12th and I was builled by father and the judge and i need help with filing appeal and visitation and I'm going to need a Lawler by my side. My child has never met him I have pruff he lied in... Read more »

Randi Sirlin answered on Sep 18, 2018

Prior to filing an appeal, you will need to file a post-judgment motion regarding what took place on the 12th.

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

1 Answer | Asked in Family Law and Child Support for Arizona on

Q: When does the other parent have to provide insurance information, if they say they have coverage?

Went to court for child support today and my ex said he’s had our twins covered under his insurance since March of 2018, but he’s been using my acchss from the state for the past month (we just recently starting doing 50/50) when he’s had to take the twins in when they are in his care. I... Read more »

Peter H. Westby answered on Aug 31, 2018

This is relevant information and you can request it at any time. Since he has ignored your initial request, you can make a formal request to produce. I recommend consulting with a family law attorney to assist you with this process.

1 Answer | Asked in Child Support for Arizona on

Q: In a post decree case, child support was paid and then stopped due to income changes. Do I modify order/establish new?

Support stopped in 2016. Ex refuses to provide current income.

Randi Sirlin answered on Aug 21, 2018

It really depends on your orders and the situation. You could subpoena his employment file for his income, you could file a Motion to Enforce, a Motion for Contempt, a Motion to Modify.

If you need further assistance, I advise you contact an experienced family law attorney.

1 Answer | Asked in Child Custody and Child Support for Arizona on

Q: Should I file to modify child support? Modify parenting time? Decision making authority? Custody? All of the above?

My ex was supposed to have the kids every other weekend plus 2 weeks of vacation. In the 6 months since the parenting agreement went into effect he has not once taken them for the agreed upon time. He has not seen the kids in the last 8 weeks. This last weekend he emailed them both telling them not... Read more »

Randi Sirlin answered on Aug 21, 2018

Yes, there are things you can do. You can file a motion to enforce, a motion for contempt, an ex-parte motion to have him tested and an emergency motion to terminate his parenting time.

I suggest you contact an experienced family law attorney to assist you. Hope this helps!

1 Answer | Asked in Divorce, Child Custody and Child Support for Arizona on

Q: How should parenting time be calculated?

I have my kids from 6:30 pm until I drop them off at school at 7:20 am and their father has them from 2:00 pm-6:30 pm Monday-Friday. We switch every other weekend.

Randi Sirlin answered on Aug 9, 2018

While the court has discretion which may be based upon particular facts in a particular case, the 2018 Arizona Child Support Guidelines currently divide time periods as follows: time based upon 24 hours, time based upon 12 hours, time based upon 6 to 11 hours, time based upon 3 to 5 hours and... Read more »

1 Answer | Asked in Family Law and Child Support for Arizona on

Q: Ex may have overpaid child support by $11984. Do I have to pay him back? If so, all at once? Or is that now "credit"?

Also, I read something about court being able to take into account his "earning potential"... based on his education and experience, he should/could still be in financial management with a good salary, 401k, health insurance, etc. etc. Now don’t have any of that, and he’s looking to modify... Read more »

Randi Sirlin answered on Aug 8, 2018

The answer to your questions is, "it depends."

Regarding an overpayment in child support, if you ever received services such as AHCCCS, food stamps or the like, the State may not require you to pay that back.

While I can't tell you whether you will have to pay it back, I can let you...
Read more »

1 Answer | Asked in Child Support and Family Law for Arizona on

Q: Will an arrears balance cause a legal business/personal issue, even if the NCP is paying monthly?

The NCP in our case has a considerable arrears balance (over 20k). The NCP pays monthly, as ordered, toward current and future child support. Recently, he offered an unacceptably low settlement offer on the arrears and seems to impatiently and angrily reaching out to family and friends about... Read more »

Randi Sirlin answered on Aug 8, 2018

You can easily research which licenses he might not be able to receive with a child support judgment.

I am not sure what an "NCP" is, but unless there is a judgment, I can't imagine anything would hold up his licenses.

I don't know the particular facts about his finances, but...
Read more »

1 Answer | Asked in Family Law and Child Support for Arizona on

Q: Do I need a lawyer if I were to represent myself in the court to file against my ex-spouse who's late on child support ?

My ex is always late in picking up our kids and the kids say he may be using drugs and not using a car seat to transport our young 3yr old, I want to fight for full custody in addition to collect my late child support

Peter H. Westby answered on Aug 6, 2018

You can represent yourself to enforce a child support order. The Maricopa County Superior Court has a good set of forms that are designed to be used by people without an attorney. They include detailed instructions. However, if you are planning to seek full custody, I strongly recommend hiring... 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.