Although I have never had a cps case or any of my children take, the father of my youngest son illegally obtained physical custody of my child and as a result has filed child support against me. The father has been incarcerated often throughout the time he had our child. The court did not follow... View More 
answered on Jul 14, 2021
If your case is eligible to be appealed, you need to start by filing a Notice of Appeal. Appeals go through the Arizona Court of Appeals before they go to the Arizona Supreme Court.
That said, appeals are difficult and knowing whether you're eligible to even file an appeal involves... View More
My kids have been kept from me for 2 weeks then returned to me. I’m told what I can and can’t do with them on a daily basis. They won’t allow my 19 year old son to watch them when I need to work so now I’m not able to work as I have nobody else to watch them when they are with me. And our... View More
answered on Jul 14, 2021
Until the custody order is modified, the Illinois order remains the agreement between you two. Unless the order specifically empowers your ex to dictate who can provide child care, he has no authority to direct you who can and cannot watch your child(ren). If there is a right of first refusal... View More
He has no visitation or support agreement, what steps does he need to take to get an enforceable agreement?
answered on Jul 6, 2021
He should file a Petition to Establish Paternity, Legal Decision-making, Parenting Time, and Child Support with the Court and work with her on drafting a Parenting Plan. He can work with her on the Parenting Plan before or after filing the Petition to establish.
I did not approve her to move out but she will not come home.
answered on Jun 11, 2021
Arizona child support does not belong to the child. It is not her right to receive it, though the other party could potentially file a modification to change or reduce it. Further, in certain cases where the State is involved, if the child is out of the house the child support paid can be... View More
My daughter was born on 11.05.2020. She will now be 7 months in 4 days and her father has yet to even have met her. He is fully aware of her and has been aware of her since I was 5 weeks and 3 days pregnant. I constantly send him updates and pictures but nothing. He has literally done nothing for... View More
answered on Jun 10, 2021
The risk you run filing for child support is that he files to establish legal decision-making and parenting time. Arizona law starts with the presumption that parenting time should be equal, but the Court will order something other than equal parenting time if you can show that a different order is... View More
We have a parenting agreement and no were in our legal paperwork does it stipulate child care was factored into child support.
answered on Apr 21, 2021
The answer to your question depends upon whether there currently exists a child support order. In general, child care expenses paid by one parent result in that parent having a "credit" of sorts for payment of the child care. However, some times the court will allocate the cost between... View More
Mother filed in Wisconsin. She also won sole custody because I couldn't make it to the hearing. She lives out here in Arizona, but says she lives in Wisconsin. We lived together out here 4 years ago and my child was born out here as well. I dont know what needs to be done. If it's... View More
answered on Apr 13, 2021
I am sorry to say that you will not be able to raise parenting time issues at the IV-D child support hearing.
1. File a Petition to Establish Legal Decision Making and Parenting Time.
2. Hire a process server to get Mother served, or mail via certified mail, or ask her to accept... View More
Our court paperwork says she needs my written consent but she seems to think that because there has been a lapse in my child support payments, due to me switching jobs and trying to set up wage garnishment for months now (because the last time I tried to mail in my child support obligation it got... View More
answered on Feb 24, 2021
Arizona law requires a 45-day notice, in writing, of intent to move out of state. Your parental rights are not directly tied to whether or not you are current with child support.
Child custody matters across state lines (and it sounds like there are three or more states involved in this... View More
My ex wants to modify child support- We divorced 5 years ago and at that time we agreed no support was owed either way. He now wants support- he is making less and has another child. Parenting plan gave us 3.5 days each exactly
In 2019, we informally modified our schedule. Our child is... View More
answered on Jan 2, 2021
You cannot modify parenting time order informally. The original order remains binding until modified by the court. The same applies for child support. If parents cannot reach accommodation on parenting time to present jointly to the Court, you will have to go back to court and present your... View More
My stepdaughter's mother does not work(by choice) she relies on her husband to support their family. My husband and I both work, I am trying to figure out how to properly do the child support calculator to have an idea of what we should look at when we go to court to modify. I am wondering if... View More
answered on Jan 1, 2021
Only the two legal parents income is counted. There may be an indirect consideration of the court for household income, but that is not a legal consideration and the court should be reminded of that. If the other parent is unemployed, for a variety of reasons the court may only attribute fulltime... View More
answered on Oct 26, 2020
There is no specific form for this. The law library has a self service area which should contain blank motion forms that you can ask the court to do anything including modify arrears. I have also seen pro-per litigants use the child support modification form to modify arrears only.
answered on Oct 26, 2020
I am assuming you are asking this in regards to child support arrears. Modifying an arrears payment requires a motion to modify through the Court. Forgiving the interest is a trickier question and may depend on whether your case is classified IV-D or not. The interest on arrears generally belongs... View More
answered on Oct 26, 2020
I am assuming you are asking this in regards to child support arrears. Modifying an arrears payment requires a motion to modify through the Court. Forgiving the interest is a trickier question and may depend on whether your case is classified IV-D or not. The interest on arrears generally... View More
answered on Oct 12, 2020
This certainly could be a substantial and continuing change of circumstances which would justify you asking for a modification or change in your child support obligation. Consult a family law attorney to discuss the matter in greater detail.
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,... View More
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... View More
I'm trying to give myself an idea
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... View More
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?
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... View More
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.
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... View More
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... View More
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.
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... View More
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