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Arizona Child Support Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Does communications regarding kids behavior have to go through lawyer without a court order?

We are in the process of child support from father. His girlfriend said all communications have to go through his lawyer about the kids behavior and did not allow us to speak to him about the child’s behavior. No court order has been made, no child support amount has been determined since him and... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jan 21, 2023

If that's what he is requesting you do, you should do it. Explain to the lawyer what is going on. A good lawyer will take to Father and say, "Telling the other parent to communicate through me about the children does not help your case."

Be patient on child support. The...
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2 Answers | Asked in Child Support and Family Law for Arizona on
Q: Legally married but separated. I stayed w/ 2 kids and she took the other child. I make more than her can I get her on cs

I make 95k a year she makes 25k a year. All the kids are ours. I stayed with 2 and she stayed with 1. Can I get her on child support? Even if I make more money than her? Because I have more kids to take care of?? I live in Arizona she lives in California .

Stephen M Vincent
Stephen M Vincent
answered on Jan 18, 2023

Child support is determined by a formula. There's no way we can answer that question without doing the formula, and you haven't given us enough information to run the formula.

You can find a child support calculator online and see how the numbers play out. You should run two...
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1 Answer | Asked in Family Law, Tax Law and Child Support for Arizona on
Q: Taxes/ child support/divorce decree:If NCP has a current arrears balance can I claim child? In our decree it states

That NCP can claim if current on child support and arrear payments. I have calculated it and i am still calculating a short in child support payments. The arrears balance was at $1400 in May 2022. Due to his job loss and no payment for 5 months the balance went to $2300 by August 2022 then payments... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jan 17, 2023

The question really hinges on whether he is current for the 2022 tax year. He can be behind overall, but if he paid all that was he supposed to in 2022, he can claim the child. If he didn't, you can claim the child. Remember: The parent not claiming the child needs to sign Form 8332 in order... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can you help me time is not on my side

I may need a lawyer

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

I'm sure most any attorney on here that is licensed in Arizona and practice family law can help you.

1 Answer | Asked in Child Support for Arizona on
Q: Child hurt back at 17.5 years old. Ongoing medical bills after the age of 18. Are parents still responsible?

Father refusing to help pay portion of medical bills after 18

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

After the child is emancipated, the parents are no longer financially responsible.

A child is emancipated once one of the following happens:

1. The child turns 18 AND graduates high school.

2. If the child does not graduate high school, the child turns 19.

3. A...
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1 Answer | Asked in Child Custody and Child Support for Arizona on
Q: How do I calculate travel costs to determine the reimbursement amount for parenting time over 100 miles away?

I am in Arizona and my children's father lives in California. We meet halfway which is approximately 400 miles for each of us. Our child support order states he is responsible for 74% of travel costs related to parenting time over 100 miles away. Is it calculated after the initial 100 miles... Read more »

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

Your Decree should provide the direction.

If it doesn't, then the two of you need to discuss what standard you're going to use. Right now, the IRS standard is 62.5 cents per mile. Based on that standard, you each are incurring $250.00 (62.5 cents times 400 ... I'm presuming...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: If I take full custody of my kids will my ex wife pay child support even if I have arrears

I gave my ex wife my apartment so she would not be on the street and sleep out of my car now the lease is going to be up and I am not doing the court order 3 weeks a month do to not having somewhere to take them and my x wants more child support but now I have a new home and she will have to move... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Sep 27, 2022

Who pays child support currently is unrelated to whether arrears are owed.

Be aware the current child support remains in effect until you go to Court to modify it. At that point, child support is determined by a calculation.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arizona on
Q: I am trying to take my infant son to a family wedding out of state while still getting divorced. 50/50 ldm and pt.

I am only requesting a small schedule change to take my 3 year old son to a major life event she is obstructing. What course can I take. This divorce has gotten very high conflict.

Stephen M Vincent
Stephen M Vincent
answered on Sep 8, 2022

If the divorce is still pending, the Preliminary Injunction is still in place. This means you'll need to either get the other parent's permission to travel out of state or you will need to seek a court order to permit the travel. If the latter, you will need to file a Motion to Travel out... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Is it better to file a motion to reconsider or an appeal with family? Also are the days counted M-F

There are two reasons I'm asking, cause I'm definitely going to try one of them. I've had my kids all of the first year of life and most of the time, up until the 26 of last month. Now I only get them the 1st 2nd and last weekend of the month. I had a dcs case open, based on... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Sep 2, 2022

You can file both. But I really don't recommend an appeal generally for a custody case. Appeals can take 9 to 15 months, and some even longer, and your remedy is a new trial. In the meantime, the current orders stay in place. By the time the appeal gets decided, you would be eligible to modify... Read more »

1 Answer | Asked in Child Support for Arizona on
Q: I owe for 2 kids. How do I decide which child gets my child support payments
Stephen M Vincent
Stephen M Vincent
answered on Aug 11, 2022

Pay something for both.

If this Court-ordered child support, you'd better either pay the full amount or get the amount modified.

Falling behind on child support can financially ruin people. Interest accrues at 10%, you can't get rid of it in bankruptcy, there's no...
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1 Answer | Asked in Child Support for Arizona on
Q: Can a non custodial parent be charged child support in two different states? Can a felon be granted child support?

Custodial parent and child live in Florida and last year established child support in AZ. There is no indication that the state of FL is responsible for the petition. It only has the custodial parents name on it. And it says NO TANF. Non custodial parent is paying two states currently on child... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jul 27, 2022

There should only be one state that issues the actual child support order. The state that issued it first has continuing, exclusive jurisdiction to modify child support under A.R.S. § 25-1225. That state hangs onto continuing, exclusive jurisdiction to modify child support until both parents and... Read more »

1 Answer | Asked in Child Support for Arizona on
Q: Paternity and child support

I am planning on filing to establish paternity just to prove that he’s the father. Am I, as the mother, allowed to decline child support from the father, or would the AZ courts require this to be paid for the child? In addition, if he dies and paternity is established, would the child receive... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jul 12, 2022

You can file just to establish paternity. You are not required to seek child support.

If dies and paternity is established, the child would inherit from the father, but ONLY IF the father dies without a will or trust. If he dies with a will or trust in place, he can choose to include or...
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1 Answer | Asked in Family Law and Child Support for Arizona on
Q: I'm still paying child support I had my daughter for 3 years already and the mom is in jail

We have joint custody by court order but the past 4 years I had my daughters

Stephen M Vincent
Stephen M Vincent
answered on Jul 10, 2022

Until you go to Court to change it, the child support order remains in effect. You should file a Petition to Modify right away. Unfortunately, and I certainly recognize that this is hardly fair: But the Court can't go back in time and rectify the child support you owed for the past three... Read more »

1 Answer | Asked in Adoption, Child Custody and Child Support for Arizona on
Q: If my ex agrees to terminate his parental rights, what happens to the current child support order and the arrearages?

I have a child support order in Arizona (where I currently live) which started in Oregon (where I got divorced) for my 5 children with my ex. My ex has not seen our children in 4 1/2 years and not spoken with them in 3 years (regardless of me setting up times for phone calls- he just flakes). I... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jul 6, 2022

A termination of parental rights does not terminate a parent's child support obligation. But when a child is adopted by someone else, the terminated parent's obligation to pay child support ends.

This comes from ARS 8-539, which reads: " An order terminating the parent-child...
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2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Advice on custody hearing from struggling single parent

My ex, who lives out of the country and hasn't made financial contributions in my child's upbringing, wants visitation and decision-making rights. Can I insist that if he wants visitation he should pay child support? Should I mention in the final hearing that I have a boyfriend who wants... Read more »

Mike Branum
Mike Branum
answered on Jul 5, 2022

There are so many variables. If there is any way you can consult with a competent family law attorney in Pima County, I suggest you do so. If your ex has not made any financial contributions and lives outside the US, I think you have a good case for limiting his visitation to supervised visitation... Read more »

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Arizona on
Q: I received a copy of a Motion to Set and Certificate of Readiness. Do I need to file a response?

I do not agree with what is stated in this motion, I am not ready & I cannot afford legal counsel.

Mike Branum
Mike Branum
answered on Jun 30, 2022

Yes. If you do not respond, the Court can set the matter for trial whether you are ready or not.

Do an internet search for "Arizona legal self-help." There are resources that may assist you in responding.

2 Answers | Asked in Family Law, Child Custody and Child Support for Arizona on
Q: Can I still get a lawyer half way into my case?

I couldn't afford a lawyer until now , my ex is taking me to court for joint legal decision making with final say and child support. The kids have been in my custody this whole time ages 10 and 3 , he's never financially taken care of them and has always been inconsistent in their lives .... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jun 20, 2022

Yes, you can. But you probably should get the lawyer on board as soon as you can because there are deadlines approaching in your case as trial gets closer. The longer you wait, the less strategic options your attorney has.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Can I move back to Texas with my son where all my family are when his dad works here in AZ and still get child support?

We both have TX IDs still so I don’t know which state has jurisdiction to handle our case. We’ve lived in AZ for a year now. I have a big family support system back in Texas and his father doesn’t really have much support with extended family here in AZ. I cant afford to live here anymore and... Read more »

Mike Branum
Mike Branum
answered on Jun 13, 2022

This is an incredibly complex question for an "Ask-a-lawyer" service but I will give you the highlights.

Your answer depends on whether or not you were married to the father and whether or not you have a custody order from Texas or any other state. Assuming you are not married and...
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2 Answers | Asked in Child Custody, Child Support and Family Law for Arizona on
Q: Can you claim child support but choose for the father not to have any rights to the child?

Father wants nothing to do with child until paternity is established, I do not want him involved with the child as I have moved on and am with someone whom will assume that role. Can I still collect child support and choose that he not be in the child’s life?

Mike Branum
Mike Branum
answered on May 25, 2022

The short answer is no.

If you establish paternity he will be required to pay child support but he can also assert a right to parent time. 50/50 custody is presumed to be in the best interest of the child but it appears you are in Minnesota and the father may be in Arizona?...
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