Arizona Child Support Questions & Answers

Q: can someone help me with my family case.

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Answered on Sep 18, 2018
Randi Sirlin's answer
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.

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

1 Answer | Asked in Family Law, Child Support, Insurance Bad Faith and Public Benefits for Arizona on
Answered on Aug 31, 2018
Peter H. Westby's answer
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.

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

1 Answer | Asked in Child Support for Arizona on
Answered on Aug 21, 2018
Randi Sirlin's answer
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.

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

1 Answer | Asked in Child Custody and Child Support for Arizona on
Answered on Aug 21, 2018
Randi Sirlin's answer
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!

Q: How should parenting time be calculated?

1 Answer | Asked in Divorce, Child Custody and Child Support for Arizona on
Answered on Aug 9, 2018
Randi Sirlin's answer
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 periods of less than 3 hours.

You can find this information at superiorcourt.maricopa.gov.

However, determining the correct amount of child support may be best figured out by an...

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"?

1 Answer | Asked in Divorce, Family Law and Child Support for Arizona on
Answered on Aug 8, 2018
Randi Sirlin's answer
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 know that, in 23.5 years of practice, I have yet to have someone have to pay back child support. However, that is only in my experience.

I sugguest you contact someone at the child support...

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

1 Answer | Asked in Child Support and Family Law for Arizona on
Answered on Aug 8, 2018
Randi Sirlin's answer
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 $20,000 is not that much for someone who owns businesses. He could likely get a check from a credit card company to pay that debt.

If it was me, I would definitely bring up the shell companies....

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

1 Answer | Asked in Child Support for Arizona on
Answered on Jul 20, 2018
Randi Sirlin's answer
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 support clearinghouse and/or not court ordered, can be deemed to be a gift. However, an attorney can assist you if that comes up in your case.

I recommend contacting an experienced family...

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

1 Answer | Asked in Family Law and Child Support for Arizona on
Answered on Jul 9, 2018
Peter H. Westby's answer
The State Bar of Arizona has a volunteer lawyer program. They can often match up a client with a pro bono lawyer.

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

1 Answer | Asked in Family Law and Child Support for Arizona on
Answered on Jun 22, 2018
Randi Sirlin's answer
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.

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

2 Answers | Asked in Child Custody and Child Support for Arizona on
Answered on Jun 21, 2018
Randi Sirlin's answer
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 you are the father.

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

Q: I have child support court tomorrow. Anyway my ex petitioned the child support court in 2016 i never new about it and

1 Answer | Asked in Child Support for Arizona on
Answered on Jun 18, 2018
Kai Michael Henderson's answer
It is hard to tell exactly what the basis for avoiding the child support order would be under this scenario. If a person is not making as much as they used to, they should immediately petition the Court to recalculate the obligation. A judgment can, in some circumstances, be adjusted down retroactively to the date of that filing once the Judge makes an order.

If a person's spouse never obtains a child support order, then it is hard to see why anyone would claim arrears on a...

Q: My child 18. Graduates soon, 15000 in arrears. It says have to agree to pay current support plus arrears for 24 months??

1 Answer | Asked in Child Support for Arizona on
Answered on Jun 7, 2018
Randi Sirlin's answer
I cannot give you legal advice regarding North Carolina. If your case was in Arizona, a child support order is presumed to terminate upon the minor child turning 19 or graduating from high school, which ever comes first, so here, there could easily be a current support obligation. Regarding arrears, those may be ordered to be paid until the amount is paid off.

Q: child support modification

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Answered on Jun 4, 2018
Peter H. Westby's answer
Since you have been using this account, it is likely that your judge would order the disclosure of the account information to your ex. She can subpoena these materials from the bank. I recommend that your brother speak with an attorney. If there is a good reason why these records should not be disclosed, his attorney may be able to help by requesting the judge to block, modify or limit this discovery to the items that have relevance to your case.

Q: I'm in the State of ARizona. My wife had a child support hearing without me knowing what can I do to change the order?

1 Answer | Asked in Divorce, Family Law and Child Support for Arizona on
Answered on May 30, 2018
Peter H. Westby's answer
I recommend that you hire an attorney to challenge the order. If the court that entered the child support order is located in another state, you will need to hire an attorney in that state to assist you. Unfortunately, this situation is not uncommon. But, if you act promptly and provide complete information to the court, your attorney can often correct the court order.

Q: what can I do if my kids come home from their dads and cry about him yelling and screaming and telling them I don’t love

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Arizona on
Answered on May 30, 2018
Randi Sirlin's answer
If your attorney does not respond to your emails, that is a problem. Your attorney has a duty to communicate with you.

If your children come home and tell you the Father is yelling and screaming and saying you don't love your children, the first thing I would tell your children is, "I am sorry your dad said that. I love you very much." Never bad mouth the other parent even if they are doing it.

If there is a problem with the children in the father's home, you can take a...

Q: Can you file for child support in NY for 18 year old even if original support was in AZ and ended at 18?

2 Answers | Asked in Child Support for Arizona on
Answered on May 22, 2018
Randi Sirlin's answer
Arizona most likely has exclusive and continuing jurisdiction over the child support order.

I am not able to give you advice regarding New York because I am not licensed to practice in New York.

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

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.

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.

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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