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Arizona Child Support Questions & Answers
Q: Separated from wife after infidelity; income details and obligations for daughters' needs
I have separated from my wife due to my infidelity. We have two daughters, aged 13 and 17. My net monthly income is $23,000, which comes to $12,000 after deductions. My wife wants half of my salary, including bonuses, profits, and holiday pay. What should I be legally obligated to provide for my... View More 
Meghan Miller
answered on Jul 9, 2025
answered on Jul 9, 2025
In Arizona, child support is determined based on the Arizona Child Support Guidelines, not simply by dividing income in half. The court considers several factors, including both parents’ gross incomes (wages, bonuses, commissions, and other compensation), the number of children, parenting time... View More
Q: Options if someone lied on Child Support AFI in Arizona.
I discovered that someone lied on their Child Support AFI submitted to the courts a year ago, and I found this information online. I believe correcting this could significantly reduce my child support obligations. There has been no contact or deadlines mentioned regarding this issue. What options... View More
Rich J. Peters
answered on Jun 4, 2025
answered on Jun 4, 2025
You would need to file a "Rule 85 Motion", claiming that you have new evidence that you JUST became aware of, and you will need to have very good reasns for coming back this late. Your Motion will need to explain the factual and legal basis, and will need to include affidavits or... View More
Q: How can I revoke visitation rights and seek increased child support in Arizona?
I am the primary custodial parent and currently have a custody arrangement where the father has alternating weekends during the school year and alternating weeks during the summer. I am experiencing challenges because the visitation environment has become toxic and negative for the child.... View More
Rich J. Peters
answered on May 13, 2025
answered on May 13, 2025
You would need to file a Petition to Modify Parenting Time and Child Support. The court may modify parenting time rights whenever modification would serve the best interest of the child, This is just a very general description, and there is so much more to discuss, including timing issues as to... View More
Q: My spouse left AZ, withholding support; what legal actions can I take?
I have been a stay-at-home mom for 2 years after getting married. My spouse has been the sole provider, but he left Arizona last year and refused to send any money to support me and my children. He returned in February but continues to withhold finances, leaving us destitute even though he has the... View More
Rich J. Peters
answered on Apr 28, 2025
answered on Apr 28, 2025
One option Is to file for divorce. You could make a claim within the divorce for spousal maintenance. You can even then file a petition for temporary orders regarding spousal maintenance which is the quickest way you can see your judge and the quickest way to get some money flowing.
In... View More
Q: Can child support payments be increased due to a one-time bonus in Arizona?
I am the custodial parent seeking a court-ordered modification to increase child support payments. The non-custodial parent received a significant one-time bonus from a lucrative construction development project about eight months ago. Our existing child support agreement was established through a... View More
Rich J. Peters
answered on Mar 24, 2025
answered on Mar 24, 2025
You have described several reasons that you may be entitled to a child support modification, which are not related to his one time bonus.
Under Arizona law, seasonal or fluctuating income within a year are annualized to determine the average monthly Child Support Income. If this is truly... View More
Q: Am I liable to pay repo vehicle cost after divorce when the ex wife was supposed to take me off the title?
Ex wife never got me removed off title of her vehicle after being divorced for 3 1/2 yos. She got the vehicle repoed in October 2024 due to no payment and a second vehicle repoed in December of 2024. She has not made any attempts to make payments and now has asked me for 2 separate down payment... View More
Rich J. Peters
answered on Jan 17, 2025
answered on Jan 17, 2025
If wife was ordered to take care of the debt related to the vehicle, then that remains true even now, but unfortunately is only binding upon the two of you. It is not binding upon the creditor who can pursue either of you if you were both on the loan. One option that you have is to file a petition... View More
Q: Does substantial income difference between the two parties mean spousal maintenance is required?
I make 60k/yr, spouse makes 100k/yr. We are divorcing with minor children, filing for 50/50 custody and 50/50 property & debt.
He claims that our income difference is figured into the child support and that spousal maintenance only applies if one person cannot financially afford to live... View More
Rich J. Peters
answered on Jan 6, 2025
answered on Jan 6, 2025
You absolutely have the right to request spousl maintenance. Spousal maintenance is based upon so much more than just your income. If you review through our statute (google "ARS 25-319"), you can see the other topics.
Arizona also has recently adopted spousal maintenance... View More
Q: Does substantial income difference between the two parties mean spousal maintenance is required?
I make 60k/yr, spouse makes 100k/yr. We are divorcing with minor children, filing for 50/50 custody and 50/50 property & debt.
He claims that our income difference is figured into the child support and that spousal maintenance only applies if one person cannot financially afford to live... View More
Stephen M Vincent
answered on Jan 3, 2025
answered on Jan 3, 2025
You asked what the "actual grounds" are for spousal maintenance. Arizona's spousal maintenance law is very complex. But here is probably the simplest way to explain it:
First Step: Determine Eligibility
You have to qualify under one of the grounds listed under ARS... View More
Q: How do I get arrears child support from mom credited to what I pay monthly now that the kids moved in with her?
Both Kids 12 and 14 have lived with me since birth, I have full custody of them this past September they moved in with her. She was down just under 30k in child support at that time. Im trying to get my monthly payment reduced by offsetting it with what she owes me.
I filed a motion to... View More
Stephen M Vincent
answered on Dec 9, 2024
answered on Dec 9, 2024
It unfortunately does not work that way, which I know is frustrating and makes no sense. But you have to pay the court-ordered amount for child support every month regardless of what she owes you. Like I said, it makes no sense, but it's the situation you're in. If she's not making a... View More
Q: I live in Maricopa county and I have a warrant out of Michigan for child support. What can I do to stop the extradition
If Michigan wants to extradite me and I did not sign the waiver for extradition what can I do to prevent it from going back to jail at and the governor signed the fugitive and warrant and I have a status conference? What should I do at this conference so I don't end up in jail?
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James L. Arrasmith
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answered on Feb 25, 2024
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answered on Feb 25, 2024
If you have an outstanding warrant in Michigan and they are seeking to extradite you to face charges there, your options are limited. However, here is some advice:
1. Hire an attorney. You need legal counsel both in Arizona and Michigan to try to challenge the extradition and/or resolve the... View More
Q: At a fugitive of justice hearing in Maricopa county and there's a status conference when I'm out on bond. What to expect
Hello maricopa county, I got arrested for a warrant out of Michigan for child support and I got bonded out now I have to go to a status conference. What should I expect at the status conference? Will they put me back in jail.
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James L. Arrasmith
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answered on Feb 25, 2024
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answered on Feb 25, 2024
Here are a few key things you can expect at a status conference for a fugitive of justice case in Maricopa County:
- The judge will check in on the progress of getting you extradited back to Michigan to face the child support warrant. The prosecutor will update if Michigan has begun that... View More
Q: Should I request Child Support?
I want to ask for sole custody at a later date but would it backfire if I said I dont want child support or would it help my case? I also have another child from a different relationship. I have the children 10 months out of the year and he has them throughout the year but it equates to 2 mos. I... View More
Stephen M Vincent
answered on Jan 22, 2024
answered on Jan 22, 2024
Asking or not asking for child support will have no impact on your custody case. The Court does not consider child support when determining custody, but once it determines custody, the amount of time awarded impacts the child support amount.
You should run numbers through an Arizona Child... View More
Q: What’s the chance I get full custody in arizona? Left Ohio with my child to be close to my family for more support.
My child was born in Ohio she is now 5 months and we’ve been in arizona for a month. It was mutual for us to come to my home state and come back to Ohio but now I don’t want to come back. I have no support or anyone in Ohio besides father side family. I’d like to stay in arizona. We co parent... View More
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James L. Arrasmith
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answered on Jan 2, 2024
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answered on Jan 2, 2024
In Arizona, as in other states, child custody decisions are primarily based on the best interests of the child. The fact that you moved to Arizona with the mutual agreement of the child's father and for the purpose of being closer to your family support system can be an important factor in... View More
Q: What’s the chance I get full custody in arizona? Left Ohio with my child to be close to my family for more support.
My child was born in Ohio she is now 5 months and we’ve been in arizona for a month. It was mutual for us to come to my home state and come back to Ohio but now I don’t want to come back. I have no support or anyone in Ohio besides father side family. I’d like to stay in arizona. We co parent... View More
Rich J. Peters
answered on Jan 5, 2024
answered on Jan 5, 2024
If the child has not lived in Arizona for the greater part of the last 6 months, then Arizona does not have “home state jurisdiction”. Currently, the matter would LIKELY have to be pursued in Ohio. I WOULD NEED TO KNOW MORE to determine if there are other theories that would allow Arizona... View More
Q: Will new income or old income at time of divorce be used to calculate child support
While I was married to my ex husband his income general increased over time thru hard work and pay rasies. When we divorced he was making about 80K a year. He has admitted that his now soon to be ex wife (not me, one after me) always kept him home from working because she just wanted him to be... View More
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T. Augustus Claus
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answered on Dec 29, 2023
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answered on Dec 29, 2023
In Arizona, child support calculations are typically based on the income of both parents at the time of the divorce or separation. However, if there has been a substantial change in circumstances, such as a significant decrease in the father's income, he may seek a modification of the child... View More
Q: Can 15 U.S. Code 1681b and 1681s-1 assist with my child support obligations?
I owe child support and have stopped working. I've filed for SSDI multiple times, most recently for the fourth time. I started paying child support in 2011 but am struggling due to my unemployment. Can 15 U.S. Code 1681b and 1681s-1 assist me with my child support obligations?
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James L. Arrasmith
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answered on Jul 11, 2025
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answered on Jul 11, 2025
You're going through something incredibly heavy, and it’s understandable to look for any legal tools that might help. Unfortunately, 15 U.S. Code § 1681b and § 1681s-1 relate to the Fair Credit Reporting Act and deal mainly with how credit reports are accessed and used. These laws... View More
Q: Legal steps for protection against husband's abuse and neglect.
My sister's husband, who earns a good income, is addicted to alcohol and abuses her. He and his brother have also abused their parents, with police warnings issued against them. Despite having two children, he neglects them financially, claiming he has no money while continuing to spend on... View More
Meghan Miller
answered on Jul 9, 2025
answered on Jul 9, 2025
Your sister does not have to endure this situation in silence. Under Arizona law, she can seek an Order of Protection to prevent her husband from contacting or approaching her and the children, especially considering the history of abuse and police involvement. She should carefully document... View More
Q: How to respond to civil lawsuit claiming $16,000 owed to ex-wife in Arizona?
I was served with a civil lawsuit by my ex-wife. She claims I owe her $16,000 for bills and a child support case from a previous relationship that she paid as a gift two years ago. There was no agreement for me to repay her. How should I proceed with filling out the civil lawsuit answer papers to... View More
Peter H. Westby
answered on Jun 11, 2025
answered on Jun 11, 2025
I do not know all the facts of your case and I have not reviewed the complaint served upon you. You need a lawyer to consult with you, review these materials and assist you with the defense of this claim. This is a Superior Court case in Arizona and attorney fees can be awarded. It is important... View More
Q: Which name to use on child support petition after ex-wife's name change?
I am completing a self-service court petition to terminate child support in Pima County, Arizona. My ex-wife has changed her name since our divorce from my last name back to her maiden name. The petition lists "petitioner" and "respondent" without specifying which name to use.... View More
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James L. Arrasmith
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answered on May 14, 2025
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answered on May 14, 2025
When filling out your child support petition, it's best to use your ex-wife’s legal name as it appears in official court records, especially on the existing child support order. This helps the court match your current filing to the correct case without confusion. If her name has legally... View More
Q: Legal concerns for an exclusivity agreement in Arizona including child valuation.
I'm considering creating a contract similar to a prenuptial agreement, but it would be more of an "exclusivity agreement" between two consenting adults who are not intending to marry. This contract would include a financial penalty for breach and involve specific terms related to any... View More
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James L. Arrasmith
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answered on Apr 16, 2025
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answered on Apr 16, 2025
You are entitled to enter into private contracts with another adult, including exclusivity agreements with financial consequences. However, Arizona courts will not enforce any term that conflicts with public policy or statutory protections—especially when it comes to children. Assigning a fixed... View More
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