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Arizona Child Support Questions & Answers

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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1 Answer | Asked in Child Support for Arizona on

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

She didn't show up to the court hearing. I received a notice from the court that she defaulted owed the court 100 dollars. Now she is taking me back to child support court . since she defaulted do I owe any rears cause she is requesting it in the papers. What are my options

Kai Michael Henderson answered on Jun 18, 2018

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... Read more »

1 Answer | Asked in Child Support for Arizona on

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

Case is in NC. How does it work? Why do I pay Support after graduation after child turns 18?

Randi Sirlin answered on Jun 7, 2018

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... Read more »

1 Answer | Asked in Child Support for Arizona on

Q: child support modification

I have been a power of attorney on my brothers bank account. I sometime use the money in that account to pay my credit cards and also I have borrowed money from that account. My brother and I run business together so there were instances that some of the money deposited in the account was from my... Read more »

Peter H. Westby answered on Jun 4, 2018

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... Read more »

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

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?

THey are asking for over 70% of my income. SHe makes a lot more than I do and I have the kids 60% of the time so I know she had to have lied to the court.

Peter H. Westby answered on May 30, 2018

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... Read more »

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

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

We have temporary orders and I have the. Primarily my attorney doesn’t respond to any of my emails or help me what so ever!!

He is over 10k behind in child support and is a pathological liar! I also have a restraining order against him for threatening to kill me!

Randi Sirlin answered on May 30, 2018

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...
Read more »

2 Answers | Asked in Child Support for Arizona on

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

I have a support agreement in AZ that terminates when my son is 18. My ex is moving to NY with my son when he turns 18, so I'm just curious if she can file for support in NY even tho my support agreement officially terms in AZ when my son is 18?. That seems like it shouldn't be legal and a bait... Read more »

Randi Sirlin answered on May 22, 2018

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...
Read more »

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1 Answer | Asked in Child Support for Arizona on

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

for 2017 ?

Randi Sirlin answered on May 12, 2018

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...
Read more »

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

Q: Have Judgment issued against ex wife for stealing my furniture in Superior ct of AZ. Need a collection attorney. Claim

Also need a family court attorney to help me when i am ill, to defend me against ex wife wanting more child support, while i am in hospital

unable to work, until I recover. But i am still paying $400.00 per mo. but ex wants $2000.00 a month and she makes $67,000 per yr. and

I can... Read more »

Randi Sirlin answered on May 12, 2018

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...
Read more »

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

Q: I owe arrears on child support. However, when the child turns 18, does the Courts automatically cease withdrawal orders?

1. Do i need to petition the courts to cease the withholding order?

2. Does the last day of the month of the 18th birthday automatically end support withdrawal?

3. Will the withdrawal continue to accumulate, until i submit for a modification?

Peter H. Westby answered on Apr 21, 2018

Child support withholding does not automatically terminate. You need to petition the court to terminate current child support, determine the amount of your support arrearage and obtain orders as to how this will be paid. This should be done in advance of your child's becoming 18 or graduation... Read more »

1 Answer | Asked in Child Support for Arizona on

Q: if you have joint custody and he doesn't honor the 111 overnights in the decree, is he still entitled to joint?

He in the last 4 years has see them 50 times? can I refile for more child support for ages 12 and 14. he does live in another state than Az.

Randi Sirlin answered on Apr 19, 2018

If Arizona ordered the child support, it has "exclusive, continuing jurisdiction." Also, the children reside here (as long as they have been here at least 6 months, so that is another reason the court has jurisdiction.

If the child support was ordered in a different state, you will need to...
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1 Answer | Asked in Child Support for Arizona on

Q: What are the guidlines for when you stop paying child support in Arizona and how do you go about that process?

Randi Sirlin answered on Apr 18, 2018

If you owe child support arrears, you would pay them until they are paid off.

If it is regular child support, a parent can stop paying after the child turns 19 or graduates from high school, whichever comes first.

You can submit a Motion to Modify or you may be able to submit an...
Read more »

1 Answer | Asked in Child Support for Arizona on

Q: I have child support in AZ and CA, but they are only leaving me with less than half my monthly check. Can they do that?

Randi Sirlin answered on Apr 16, 2018

Possibly. If you received services through the Department of Economic Security (food stamps, health insurance), the State may have an interest in the funds.

However, you may want to modify child support to make sure you are getting your fair share.

If you need assistance, you...
Read more »

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

Q: If child turns 18 and still enrolled in school , college, how long does he still have to pay child support?

Randi Sirlin answered on Apr 13, 2018

First, a parent is required to pay child support until a minor child turns 19 or graduates from high school

How long he has to pay child support will depend on whether there are any child support arrears. If so, he may have to pay child support for many years.

If you need...
Read more »

1 Answer | Asked in Child Support for Arizona on

Q: Can I still get child support if the father of my baby lives in mexico ?

He doesn't have any legal document to come to usa

Randi Sirlin answered on Apr 12, 2018

You should file for child support. He doesn't have to be a citizen to be required to pay child support. You will, however, need to serve him. There are many methods of doing so.

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

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

Q: I am trying to relocate more than 100 miles with children father refuses to accept certified letter of intent.

I am trying to move in with my current husband we have been living separately due to a cost increase in daycare expenses I've had to take a demotion at work to have affordable child care which reduced my income and has made it hard to cover my living expenses. Their father is over 3000.00 behind in... Read more »

Peter H. Westby answered on Apr 4, 2018

I recommend seeking legal assistance. Without father's consent you will need to petition the court to approve your relocation. At the same time you should consider seeking a judgment for back child support, sanctions for non-payment and, perhaps, modification of child support. Your family law... Read more »

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

Q: If the father of my twins has signed the their birth certificate and gave the twins his last name.

And has recently been served child support papers, but because he doesn’t want to pay, he has a request to vacate child support until we establish paternity and he also made false accusations regarding me hiding the children and also were I live. ( he didn’t want to provide his new address,... Read more »

Peter H. Westby answered on Apr 2, 2018

Since your case is a contested matter, I strongly recommend that you obtain legal counsel to assist you. Many fathers have made similar arguments. The court is skilled in seeing through them in most cases. But your case needs to be well presented. If you cannot afford counsel, contact Community... Read more »

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

Q: I am being summoned to go to court due to a petition to establish child support. I am not the biological father.

the baby was born a little over two years and I found out I wasn't the father two months after her birth through a home DNA paternity test, and an actual DNA paternity test from a lab facility. since I am being summoned to pay child support after two years of her birth and since the 60 days passed... Read more »

Peter H. Westby answered on Mar 26, 2018

You must appear and defend this action using your DNA testing results. If you do not, you could be ordered to pay child support. I recommend hiring a family law attorney to assist you with this important matter.

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