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Arizona Child Support Questions & Answers
2 Answers | Asked in Family Law and Child Support for Arizona on
Q: I would like to know how and if there is a way to address current child support order.

I struggled to obtain a well paying job last year, I was let go once and I was out of a job for a few months, currently with COVID my income was affected. The first child support order was at $345 when I was consistently earning a decent income, but I no longer work there and my hours fluctuate,... Read more »

Peter W Davis
Peter W Davis answered on Sep 18, 2020

Child support can be modified in Arizona at anytime upon a showing of substantial change in circumstances. This can be done by one of 2 methods, a simplified modification where you file, serve the other party and if they don't request a hearing the Court orders your modification. There is a... Read more »

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1 Answer | Asked in Child Support for Arizona on
Q: I live in Arizona i make $2,985 every month and my sons mom makes $1,916 how much will I need to give of child support

I'm trying to give myself an idea

Peter W Davis
Peter W Davis answered on Sep 4, 2020

The amount of income is only 1 aspect that goes into the child support worksheet to determine what it should be. In addition to that , the worksheet contemplates whether there are other support orders, other children not in common, cost for insurance, daycare, school, parenting time, and a few... Read more »

1 Answer | Asked in Family Law and Child Support for Arizona on
Q: Attempting to modify child support order. Ex is remarried; does the new spouses' income affect the income calculation?

Together, they make a substantial income compared to pre-remarriage. When I use the online calculator, am I still to only user the ex's income only, or am I to find out what they make as a household income combined, and use that figure?

Peter W Davis
Peter W Davis answered on Sep 3, 2020

Parties income alone is what is generally used, not household income. However, there is something called the self support reserve that is discretionary which could reduce child support due to low funds. The judge can choose not to apply the self support reserve if a party has additional resources... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Is it possible to modify child support\spousal maintenance on my own? I lost my job due to Covid-19

The spousal maintenance is "non-modifiable", I have paid 11 out of the 24 required months. The Child support does not mention whether it is modifiable or not.

Mike Branum
Mike Branum answered on Aug 25, 2020

While it is possible, your focus, at this point, should be on regaining employment. Your unemployment is, or at least should not be, a permanent change in your financial situation. Once you are again employed, you can input your new income figures into the child support calculator to determine if... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: If you have 50/50 no child support each parent pays for the clothing, food, shelter while the child is in their care,

Can The other parent try to take the father to court if the father marries a new partner with children? I was never married to my sons mother, now I am getting married and she is saying she will take me to court for child support if I do. My soon to be wife does make good money but she also... Read more »

Peter W Davis
Peter W Davis answered on Aug 20, 2020

Child support can be established at any time the parties are living apart. It can also be modified at anytime upon a showing of substantial and continuing change in circumstances.

1 Answer | Asked in Child Support for Arizona on
Q: Is a father who is paying child support responisble for college tuition if child stays in dorms in Mississippi
Peter W Davis
Peter W Davis answered on Aug 20, 2020

Arizona child support generally terminates at 18 or graduation from high school, which ever is later, not to exceed the 19th birthday. In some instances a Court can order that child support continues past this time for good cause, generally for disability cases. College tuition would not fall... Read more »

1 Answer | Asked in Child Support for Arizona on
Q: AZDES closed my child support case. Said location of my ex is unknown. Owes me close to 200K. Does he still owe arrears?

My case is in AZ. My daughter and myself live in California.

On April 28th the Child Support arrears balance was Total: $164,569.41. I looked a few days ago and it was $0.00. I called AZDES Child Support Enforcement and they said it was closed on July 20th as they don't know his... Read more »

Peter W Davis
Peter W Davis answered on Aug 20, 2020

Just because DCSS closed your case does not mean his arrears are gone. Those arrears are owed to you and the statute of limitations was abolished on child support arrears in 2005 (though older cases may still be subject to it). If you have new information about his whereabouts, then alert DCSS... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: If I have a 50/50 court order nochild support (each parent pays for the 3 1/2 days we both have the child) will I have

To Pay child support once I get married? (Me and the mother were never married)

Mike Branum
Mike Branum answered on Jul 22, 2020

You should not be required to pay child support because you would basically be paying yourself since you and your new wife would share the marital estate. You should request the Court vacate the child custody and child support order once the marriage is official. The order will remain in place... Read more »

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1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Arizona on
Q: Hello! In Arizona to file a motion for a change of venue what are things I should include and not include?
Jay Hall
Jay Hall answered on Jul 20, 2020

We can't really offer any specific instruction for document preparation. But you can review A.R.S. § 12-406 for general requirements for motions to change venue. Generally speaking, cases involving child custody should be heard in the county in which the child primarily resides. If there... Read more »

1 Answer | Asked in Child Support and Divorce for Arizona on
Q: My child support was ordered before I put my boys in daycare. Can I change my Child support to get more help?

2 boys & i only get 400/month well 372/month since i did des child support assistance and they take some off for the service.

Jay Hall
Jay Hall answered on Jul 14, 2020

Childcare costs can be added to the child support worksheet, but it is entirely discretionary. This means it is entirely up to your specific judge. The factors that most commonly affect this decision are the comparative incomes between the parents and the parenting schedule. If parents earn similar... Read more »

2 Answers | Asked in Family Law and Child Support for Arizona on
Q: I've court on july21 but they still haven't served him this is the second time they have tried to contact him. Whatsnext
Mike Branum
Mike Branum answered on Jul 6, 2020

You will need to show up for your court date and ask the Court for permission to perform service by publication. There are very specific rules for service by publication which must be followed (Arizona Rules of Civil Procedure 4.1(l), that's a lower case "L") and you must mail a copy... Read more »

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Arizona on
Q: If I have sole legal custody, can my ex take me to court to pay for flight tickets when he comes out to see our son?

Ex has no parenting rights but I allow him to see his child. He is asking that I pay half of all flight tickets to make this happen and has threatened to take me to court if I don't pay

Mike Branum
Mike Branum answered on Jul 1, 2020

As I advise clients on a regular basis, you can take someone to court for just about anything. Getting the court to make you pay for half his travel costs is another matter. You are under no obligation to assist your ex with his travel expenses. If he cannot afford to pay for his own travel... Read more »

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1 Answer | Asked in Child Support for Arizona on
Q: I signed the birth certificate for a child that was not mine, I was in a relationship with the mother at the time.

Immediately after, she left me and married another man. She then sued for child support which was granted but before I could get my first visitation, they, including her new husbands parents and family, packed up and moved. I never saw the child again. Then years later she contacted me saying if I... Read more »

Jay Hall
Jay Hall answered on May 25, 2020

I am really sorry to hear about your situation. Unfortunately, terminating your parental rights does not end child support. Was there a written agreement between you and the mother?

You should immediately consult with a local child support attorney to evaluate your options. Most relief is...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: If the other parent hasn't followed the custody agreement how to do go about filing papers to inform the judge of this

The Father is showing up at my house without my knowledge at least 5 times can I file a restraining order

Jay Hall
Jay Hall answered on May 25, 2020

There are a couple of discrete questions here. It is unclear what you mean when you say the other parent hasn't followed the custody agreement. Depending on the nature of the violations, you may be able to file a petition to enforce. But if the other parent simply declined to exercise his... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: How do I get 50/50 custody of my 4 month old son?

The mother has already contacted the court for paternity, child support, and custody. I am unsure what steps I need to take to be ready to defend myself and get half custody of my son. DES has contacted me for my new address but thats all that has came of this so far with the courts being closed.... Read more »

Jay Hall
Jay Hall answered on May 25, 2020

The first practical step is to take advantage of a free consultation with a family lawyer. This isn't a sales pitch, it's just important for you to evaluate the whether she has "enough on you" to restrict your custody rights. It is unclear what you mean by contacted the court,... Read more »

1 Answer | Asked in Child Support and Family Law for Arizona on
Q: If both me and the dad have our own agreement will DES come after him for child support?

This is our first child and the dad has been paying me $100 every month and sometimes extra if he has it. Neither of us want to go to court and just want to keep our agreement while we aren't living together. This is really stressful for us cause we don't know if the state will take any... Read more »

Jay Hall
Jay Hall answered on May 25, 2020

If you or the child receive state assistance, it may try to recover a portion of the funds from the father. Your agreement will not supersede the state's interest. If neither of you receive state assistance, it is unlikely DES will intervene unless one parent requests assistance to formally... Read more »

1 Answer | Asked in Child Support for Arizona on
Q: How do I stop my child support payments? My child is 19yrs old. The mother is in prison and yet I’m still paying.
Rich J. Peters
Rich J. Peters answered on Apr 28, 2020

You need to file a Petition to Terminate Income Withholding Order. In it, we would allege that you have no ongoing obligation and are current in your past obligations. You could also seek a judgment for any overpayments.

Please come in soon. We can certainly help you consider and then...
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1 Answer | Asked in Child Support, Civil Rights and Constitutional Law for Arizona on
Q: Is their an attorneywith guts enough to take on csp

I'm looking for a law firm of non emasculated males and non feminist females who are willing to take on child support services, for the reckless endangerment they pose against people in the arrears by garnishing, disaster relief funds in a time of crisis. This shows negligence in the that... Read more »

Gregory Byrnes
Gregory Byrnes answered on Apr 12, 2020

Generally, if you are able to afford an attorney in your jurisdiction you should be able to locate one. If you can, I recommend searching for attorneys in your area and speaking with them directly to determine whether they are the right fit.

1 Answer | Asked in Divorce and Child Support for Arizona on
Q: Question

Hello good afternoon I have a question me and my husband are separated but still married we bought the house together but the house was under his name so he sold the house and got 39,000 knowing I had recently got a job I felt like I deserved part of it since we both live at the house and we had 1... Read more »

John R Gaertner Jr
John R Gaertner Jr answered on Apr 9, 2020

Additional information is required to properly and accurately answer your question. Since the house was bought during the marriage it would generally be community property. At the least you would have a community lien on separate property. You should contact an experienced family law attorney for a... Read more »

1 Answer | Asked in Child Custody, Child Support and Tax Law for Arizona on
Q: If the mother of 4 had custody of the children all year and the Ex-spouse claimed them all on his taxes and he missed

child support payments what could happen to this personnel, is there anything the mother can do in her part please help.

D. Mathew Blackburn
D. Mathew Blackburn answered on Mar 18, 2020

If you signed an 8332 you would file a contempt action in domestic court. You'd need to discuss that with a local attorney that knows AZ domestic law. I do not.

If not file by mail and claim them. You'll both get a letter from the IRS requesting documentation for the deduction....
Read more »

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