Arizona Child Support Questions & Answers

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

1 Answer | Asked in Child Support and Family Law for Arizona on
Answered on Mar 15, 2019
Rich J. Peters' answer
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.

Q: What penalties will there be for a parent with no custody voluntarily going to inpatient rehab while owing child support

1 Answer | Asked in Child Support for Arizona on
Answered on Feb 12, 2019
Rich J. Peters' answer
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 he would have a very strong position to think that the court impute no income during his time of Rehabilitation.

We can certainly help him consider and then pursue his options for seeking a...

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

1 Answer | Asked in Child Custody, Child Support and Family Law for Arizona on
Answered on Jan 5, 2019
John R Gaertner Jr's answer
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.

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

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Arizona on
Answered on Dec 8, 2018
John R Gaertner Jr's answer
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 actions, his behaviors will likely continue to escalate.

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 and Child Support 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 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: 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 ?

1 Answer | Asked in Family Law and Child Support for Arizona on
Answered on Aug 6, 2018
Peter H. Westby's answer
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 an attorney to assist you. Child custody/parenting time matters are more complicated and more important. An attorney's help can make a big difference in results.

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

1 Answer | Asked in Family Law and Child Support for Arizona on
Answered on Jul 11, 2018
Peter H. Westby's answer
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 Maricopa County Superior Court website. However, where issues involving children are involved, I strongly recommend obtaining the help of a family law attorney to help avoid possible mistakes.

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 Support 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.

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