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Arizona Child Support Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Arizona on
Q: Can grandparents appeal a judgement removing all visitation of their grandson?

The judge refused to interview the 16 year old grandson. She stated that minors are not allowed to voice opinion. Then later in the procedure claimed he wasn’t interviewed because no one put in a motion for him to be interviewed. We were totally unaware of this possibility. We feel it is... View More

Stephen M Vincent
Stephen M Vincent
answered on May 24, 2022

Yes, you can appeal, provided you have not missed the deadline to start an appeal.

But I want to be frank with you because I don't want to see you spend time, money, and energy pursuing something that is not going to get you where you want to go. And I preface this by saying I...
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1 Answer | Asked in Child Support for Arizona on
Q: So if someone got arrested for code 25-681 in az the amount set is not a bond but what the person owes and won' t be ref
Stephen M Vincent
Stephen M Vincent
answered on May 23, 2022

Your question cut off ...

But the amount set is not a bond; it is a purge. The Court will determine the amount of the purge, usually it's a portion of the total amount owed.

A person arrested under ARS 25-681 is being held under "civil contempt." The key with a civil...
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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: Question regaeding affidavit of financial information for child support case.

Am I required to provide my husband's income in the affidavit of financial information for child support? Will they count his income and reduce bio dad's child support obligation? Legally my husband is only responsible for our 4 children, bio dad should be responsible for our shared... View More

Stephen M Vincent
Stephen M Vincent
answered on May 22, 2022

Yes, you are required to report it as part of the Affidavit of Financial Information. Under Rule 49(e) of the Arizona Rules of Family Law Procedure, a party in a child support case must complete an AFI that conforms with Form 2 of Rule 97. That form, which is probably what you're filling out,... View More

1 Answer | Asked in Divorce, Child Custody and Child Support for Arizona on
Q: How can I find out if I'm divorced if I have no idea where my wife is she said I Needed to find Jesus 7 months ago

We had a confidential marriage.. and she left for 9 days I had our daughter till she found out she can't get housing without her l. Then she put me in jail cause I had a misdemeanor warrant so she called me to church lead Me to believe that she wonted to work it out with our family,sent the... View More

Stephen M Vincent
Stephen M Vincent
answered on Apr 3, 2022

This was filed as a question for Arizona, but I see you're in California. California has a confidential marriage license; Arizona does not. Still, Arizona will recognize marriages legally entered into another state even if their procedures are different than Arizona's.

I'm...
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1 Answer | Asked in Child Support and Family Law for Arizona on
Q: Can I get my child support order monthly payment lowered now that I have another child who also has special needs?

I’m barely scraping by living paycheck to paycheck because of how much I pay the mother of my daughter. I just want my monthly payments lowered and more time with my daughter. Is this possible?

Stephen M Vincent
Stephen M Vincent
answered on Feb 25, 2022

Potentially yes. We would not know for sure without running a child support worksheet. But if you have another biological or adopted child for which you are legally responsible, you get a credit for that on the worksheet and that should lower your child support. However, other factors may cause it... View More

3 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: I want full custody when my daughters born. Her father & I are not married. can I file for child support & have full cus

My babies father is violent, a drug user, a felon & I have documented reports with the police of the abuse. We are not married. I filed an OOP against him, & will be filing one immediately for her against him when she is born. How can I file for child support & still keep 100% full... View More

Randi Sirlin
Randi Sirlin
answered on Jan 16, 2022

He will have a right to see her if he is clean, but you would want to ask for supervised parenting time at his expense at a court affiliated parenting skills center or no parenting time if he is using.

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1 Answer | Asked in Child Custody, Child Support and Divorce for Arizona on
Q: I have a question. I want to divorced my husband I have 3 kids and I don t have a place to go live can he pay for us.

Been married for almost 13 years just started working 3 years ago but I won't make it to pay rent.

Stephen M Vincent
Stephen M Vincent
answered on Jan 15, 2022

Yes, it's possible. You will need to ask for spousal maintenance, and will likely need to ask for temporary spousal maintenance. Whether or not a Court will actually order spousal maintenance is a different question and probably only be answered after a consultation.

4 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can I stop a court proceedings if I feel I need a lawyer? May I ask the judge to hold the proceeding if I need a lawyer?

I feel I may need to ask for representation in a family court case. I have court tomorrow and if I feel I need a lawyer can I ask the judge to stop and allow me to get one?

John R Gaertner Jr
John R Gaertner Jr
answered on Jan 12, 2022

You can request a continuance to retain an attorney. The Motion may not be granted but it is worth the attempt. You should contact an attorney immediately to seek representation so that you can inform the Judge that you have already began the process of securing representation.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can i seek payment when the other parent wants me to watch our kid during his scheduled parenting time?

Live in Arizona. Have 50/50 split custody/parenting time. If Parent A asks Parent B to watch the child  during Parent A's scheduled parenting time because Parent A has to work, can Parent B seek payment from Parent A for watching the child as in charge for child care services?... View More

Stephen M Vincent
Stephen M Vincent
answered on Jan 9, 2022

You can certainly ask for it. Most likely, the other parent would have to agree. If the other parent does not agree, I'm not sure it's worth going to Court for.

1 Answer | Asked in Child Custody and Child Support for Arizona on
Q: The father of my son is on the birth certificate we never been married what right does he have when it comes to custody

O decisiones on the child when there hasn’t been any court order

Peter W Davis
Peter W Davis
answered on Jan 3, 2022

In Arizona, the fact that he is on the birth certificate means that paternity has been legally established under the law. Generally speaking, This does give him some rights, however rights for parenting time and legal decision making still reside with Mother as the defacto custodian of the child.... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Im in atizona, My child's fauther has had a sexual assault at his home.

Cps has let me know and I have a protection plan in place for no contact for 2 weeks. We were never married and have been separated over a year. So I have full custody of them and we just co parent together there is no custody agreement threw the courts for our kids. My question is, now that... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 7, 2021

I know I'm a couple weeks late here, but filing an emergency when you already have custody is unnecessary. I certainly see what CPS is saying. If CPS is merely suggesting it, you may be fine to not file anything. If CPS is requiring it, you need to speak with a juvenile law attorney ASAP about... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: My ex moved 3hours away and his lawyer says I need to do half the drive for the kids. Is that accurate if he moved?

He went from seeing them every weekend to every other weekend and gave me short notice he was moving. His lawyer sent me documents stating I need to reduce child support or drive half way. He willingly left, are those my options? Is it possible to get sole legal decision making if he only sees them... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 7, 2021

You raise three different issues question, so let me address them separately:

EXCHANGES: You do not necessarily have to agree to drive halfway for each exchange, but I think there's a good chance that a judge would order you to do so if it is left up to a judge. I certainly recognized...
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1 Answer | Asked in Child Support for Arizona on
Q: If a child support worksheet comes out to only $21 a month for child support obligation, will it actually be ordered?

Or is there a minimum amount that the state would enforce? Seems like processing the $21 wouldn't even be worth it.

Stephen M Vincent
Stephen M Vincent
answered on Nov 9, 2021

I have seen child support orders for $20/month. But the Court will more likely deviate to $0.00 since the amount is so little.

1 Answer | Asked in Child Support for Arizona on
Q: How long does it take to get a child support check over 8k? Paperwork says it was sent to DES child support but nothing.

I called child support services and they say, They don’t not have the personal accident claim check. But my ex keeps saying he turn it in. How long should I wait ?

Stephen M Vincent
Stephen M Vincent
answered on Nov 9, 2021

Checks can take several weeks to be processed by the Clearinghouse.

3 Answers | Asked in Child Custody and Child Support for Arizona on
Q: Is there still such thing as final decision making in AZ? Ex filed a request to modify child support & parenting time

Our current plan has me as final decision maker as I've had our child 90% of the time, but now in his proposed parenting plan he has changed all the wording and taken that out and wants 50/50 as he's moving closer. What do you think will happen? I'm also a teacher and have had final... View More

Randi Sirlin
Randi Sirlin
answered on Nov 7, 2021

Yes, there is still the option of one parent having final decision-making authority. I would really need to know more about your situation. Any parent can make allegations and attempt to change the orders, but many requirements must be met. I recommend contacting an experienced family law attorney... View More

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2 Answers | Asked in Family Law and Child Support for Arizona on
Q: Can the courts levy bank account without any notice or warning? Because that’s what they did. $10,000

$20,000 is owed in back child support. The child died two years ago. Today there is levy on bank account and didn’t give a warning or notice or a chance to make a payment.

Mike Branum
Mike Branum
answered on Oct 6, 2021

Absolutely. If they provided notice or warning, the funds could be moved. If you have a child support debt, there are numerous ways the State can recover those funds. Draining a bank account is just one.

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1 Answer | Asked in Divorce, Family Law and Child Support for Arizona on
Q: Can a parent who receives child support, ever end up paying child support if his or her income increases?
Stephen M Vincent
Stephen M Vincent
answered on Sep 29, 2021

Yes, it all just depends on how the calculation comes out.

1 Answer | Asked in Child Support for Arizona on
Q: Ex has filed to change child support if I inherited a house will it affect the amount I pay? 50/50 custody in Az

I might be inheriting my sisters house and am wondering if it will affect the amount of child support I pay. My ex has just put in for a child support change do to both of us earning more and I am just unsure how this will affect it.

Peter W Davis
Peter W Davis
answered on Aug 16, 2021

The answer is "it depends" while child support in Arizona is generally based upon earnings from a job, there are instances where child support may be ordered based upon resources. Further, if you receive income from this house (such as rental income) it may also be countable (even in... View More

1 Answer | Asked in Child Custody and Child Support for Arizona on
Q: I have legal custody of my child. Divorced in different state. AZ is joint. Do I have to file in old state?

I work odd hours. Unable to take my children to school and watch her at nite. Ex husband wants full custody. I agree for child to live with him. Do I give up my rights? Divorced in MN and ex and I are living in AZ. AZ is joint state

Stephen M Vincent
Stephen M Vincent
answered on Aug 8, 2021

You should move the case here. You need to register your MN order here (you'll need two certified copies from Minnesota, and complete the other requirements for registering). Then you and your ex-husband can fill out a new Parenting Plan, both sign it and have it notarized and submit it to the... View More

1 Answer | Asked in Child Support for Arizona on
Q: Are child support payments made in advance or arrears?

In other words, would a payment made on by the clearing house on 1 Feb, is that for the month of February in advance or for the month of January in arrears? If my child is 18, and graduates in May, wouldn’t the last child support payment be May 1st?

Stephen M Vincent
Stephen M Vincent
answered on Jul 15, 2021

Yes, the last payment should have been made on May 1st.

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