The primary issues separated couples with children deal with are child support and custody. Not receiving your due child support can be quite upsetting. Nevertheless, it can be quite challenging to pay more child support than you believe you should.
All marital concerns will be settled throughout the divorce proceedings if the couple divorces in Arizona. However, if the couple was never married, the custodial parent must initiate legal action to request child support from the Division of Child Support Services.
Who Is Responsible for Child Support?
The non-custodial parent owes child support to the parent who has custody of the kid. Even if both parents share custody of a kid, a child support order will still be in place because, according to Arizona law, each parent is still liable for their share of the Total Child Support Obligation, or the amount of money that parents are expected to give to their children.
The custody arrangement will be taken into account by the court or the Division of Child Support Services (DCSS), depending on who petitions for a child support order. However, other variables will still be considered when determining the child support amount.
How is Child Support Decided?
Knowing how a judge determines child support is necessary before one can accurately estimate how much is owed. The parents can then change the amount to reflect their unique situation. A lawyer will be useful in this procedure because they know the judge’s typical methods for determining support.
The following criteria are used to calculate the amount of child support due:
- The child’s financial requirements, including those for food and schooling
- Both the custodial parent and the non-custodial parent’s financial resources
- The lifestyle to which the child has grown accustomed during the course of the parent’s marriage.
- The child’s physical and mental well-being
- How much time the child spends with the parent who has custody
- The sum of money that the parent with primary custody gives to the child
- If there was any financial secrecy during the parents’ marriage,
How Long is Child Support Due?
Unless the child is still enrolled in high school, the non-custodial parent is often required to pay child support until the child turns 18 years old. In some situations, the non-custodial parent must pay child support until the child turns 19.
However, suppose the child has special needs or a disability and cannot support themself once they reach the age of majority. In that case, the non-custodial parent will need to continue paying child support. In some situations, the court may order that the child support amount be adjusted every three years or whenever circumstances warrant it.
How Do I File a Child Support Petition?
In Arizona, you have two options for requesting child support: the court or the DCSS. If you seek child support as a part of divorce proceedings or a custody dispute, you should generally file for it through the court.
You must have the other parent’s full legal name, nickname, address, date of birth, social security number, name and address of any current or former employers, income information, a physical description or photo of the other parent, and the make, model, and year of the car the parent drives if you submit a request through the Division of Child Support Services.
Even if you don’t have all that information, the more details you can supply, the quicker your case will be handled.
What May Occur if I Fail to Make Child Support Payments?
Of course, even if you are challenging the amount in court, you should try your hardest to do so if you are required to pay child support.
Numerous repercussions may result from failing to pay child support. The state may take your tax return in whole or in part. To make sure that your child support responsibilities are fulfilled, DCSS may potentially seize your salary.
Because nonpayment may be reported to the credit bureaus, your credit may be impacted.
Court orders can be used to seize your bank accounts or other assets or to lay liens on them.
Arizona may suspend your driver’s license if your child support payments are six months overdue.
The court may intervene more directly if you are overdue on your child support payments. If you don’t follow the child support order, you could be declared in contempt of court and fined or put in jail.
The state may also bring legal action against you for nonpayment.
What if the Other Parent Refuses to Let Me Visit Because I Didn’t Pay?
Visitation and child support are two whole different orders. Therefore, you cannot be denied visitation even if you are late on child support.
You can urge the court to enforce the visitation order if the other parent refuses to allow you to see your child in an effort to compel you to pay child support. You should keep track of the instances in which you requested a visit, were turned away, and how frequently this occurred in this case.
How May My Child Support Order Be Changed or Modified?
Any parent may ask the court to modify the child support obligations by submitting a petition.
Child support payments typically alter as either parent’s income changes or when the child is faced with new expenses. A parent may ask for a revision in the child support order, for instance, if they lost their job or their child was diagnosed with an illness requiring extensive medical care.
Can I Also Receive Child Support Retroactively?
Yes, there is a retroactive child support law in Arizona. However, the statute of limitations on providing retroactive child support is three years. As a result, only the child support paid three years before the custodial parent’s court petition will be refunded. When the court determines that there is good cause to extend those three years, there is an exemption.
I’m Currently Paying Child Support; How Do I Stop?
If you wish to cease paying child support, you must file a court petition to obtain the court’s order nullifying it, or you will suffer serious repercussions. When the parents are not married, the mother must first prove the father is the father before asking for child support. If you were single and could prove from the start that you weren’t the father, you might never have to pay child support.
Even after a preliminary court order for child support has been granted, you can prove that you are not the kid’s biological father.
Although you will need to go to court to receive permission, you and the other parent can also agree to stop paying child support. Otherwise, the final day of the month after the child reaches 18 is when child support in Arizona ceases. It continues until the youngster graduates or becomes 19 if they are still in high school.
Where Do I Find the Best Lawyers?
An Arizona child support attorney can be quite beneficial when navigating the child support system. You should be careful in choosing the correct counsel because this is a crucial legal matter. Your attorney can provide you with the legal guidance and representation needed for your particular child support case.
