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Arizona Child Support Questions & Answers

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...
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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...
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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...
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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...
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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 »

1 Answer | Asked in Child Support for Arizona on

Q: My ex claims I owe him money. Our child support agreement is pretty straightforward in saying I must pay for child care

I am court ordered to pay for child care but our daughter hasn't gone to day care in over 2 years. I still send money because she's my daughter. I've recently had a change of finance where I cannot work full time, therefore I cannot send as much. The court order hasn't changed and states both... Read more »

Randi Sirlin answered on Jul 20, 2018

While I do not know all of the particular facts in your case, I am not able to provide legal advice, however, I can provide you with information.

In most cases in Arizona, you will need to file a Petition to Modify Child Support. Payments made to the other parent, without being through the...
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1 Answer | Asked in Family Law and Child Support for Arizona on

Q: Does my husband have any fianicial responsibility to his child born out of wedlock?

My daughter was born one month before we got married. We are separated and he drained our bank account and left me with know money to pay bills or to buy the necessaries to care for our daughter. I’m a full time student student and he has been the only one to make money.

Peter H. Westby answered on Jul 11, 2018

Yes, your daughter's father does have financial responsibility. I recommend speaking with a family law attorney immediately. A legal proceeding can be filed to obtain an award of child support to assist you with your daughter's care. There are also forms and instructions online through the... Read more »

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

Q: Is there anyone in the Phoenix az area that can please help with pro bono? Im begging someone what happened is stresful

Alot has happened it has actually caused me not to be able to work because the other party fraudulently took child support lower way below guidelines without me knowing i havent been able to pay daycare its 720 a month and he only pays 300???? Plus i have other kids?? im fixing to be homeless now... Read more »

Peter H. Westby answered on Jul 9, 2018

The State Bar of Arizona has a volunteer lawyer program. They can often match up a client with a pro bono lawyer.

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

Q: I received a court order from Puerto Rico garnishing my wages for child support. Not my child. How do I contest?

My employer advised me since this is a court order they must garnish my wages as requested. They only want a total of $1200. I had a vasectomy in 1997 but the doctor is no longer around. I will gladly take a paternity test but feel they should pay for it! Help!

Randi Sirlin answered on Jun 22, 2018

I would get any and all documentation from Puerto Rico and "domesticate the judgment so you can address it here.

You could also do a motion for order stopping withholding order here and request a paternity test.

2 Answers | Asked in Child Custody and Child Support for Arizona on

Q: Due to a separation I want joint custody. We were never married. I am on the birth certificate last name. Do have rights

Due to separation between my girlfriend and I there is a 2yr son. She is asking for controlling custody and child support. I want shared custody. Do I have any right to file for that.

Randi Sirlin answered on Jun 21, 2018

Yes! You have rights. If she filed a Petition for Legal-Decision Making Authority, Parenting Time and Child Support, you should file a Reply for Paternity, Legal Decision Making Authority, Parenting Time and Child Support. As long as you are on the birth certificate, there is a presumption that... Read more »

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