$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.
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.
Yes, it all just depends on how the calculation comes out.
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.
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... Read more »
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
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... Read more »
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?
Yes, the last payment should have been made on May 1st.
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... Read more »
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... Read 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... Read more »
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... Read more »
He has no visitation or support agreement, what steps does he need to take to get an enforceable agreement?
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.
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... Read 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... Read more »
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... Read more »
We have a parenting agreement and no were in our legal paperwork does it stipulate child care was factored into child support.
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... Read 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... Read more »
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... Read 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... Read more »
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... Read 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... Read more »
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... Read 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... Read more »
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... Read more »
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.
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... Read more »
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... Read more »
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,... Read more »
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... Read more »
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