When two parents are no longer living together, the court often requires one parent to pay child support to ensure that children have access to adequate resources. If you are the primary caretaker for a child, you can relieve some of the financial burden of raising your child by applying for child support. First, however, it is crucial to understand Arizona child support laws.
To that end, obtaining legal representation when establishing child support in AZ can improve the chances of approaching the process with confidence and securing a successful outcome. The legal team at Desert Legal Group has many years of experience helping parents navigate the state’s complex child support laws. We’ve assembled some essential information regarding the application process.
How to Apply for Child Support in Arizona
If you have never sought child support before, you’ll need to submit an application with the Division of Child Support Services, or DCSS. Many parents find that hiring a child support attorney is an important first step in this process. If you have never drafted and filed court documents or spoken before a judge, you risk making a critical error in your filing documents or being unprepared for your court appearance. Both of these circumstances can lead to an unfair child support determination.
Your lawyer can speak on your behalf in court and help you prepare to make an appearance at your hearing. Having an attorney can afford peace of mind because your legal representation will be responsible for handling the bulk of the work required to receive child support. Once you have legal counsel, they will review these important steps and help you navigate them as you apply for child support in Arizona.
Understanding Eligibility
Establishing child support in AZ requires you to meet specific criteria:
- The child must be under the age of 18.
- You must be the child’s biological or adoptive parent, as both biological and adoptive parents have a legal obligation to financially support their children.
- If paternity has not been established, the identity of the lawful parent must be determined before child support is ordered. If the presumed father does not submit to a DNA test, the court may ultimately issue a default order against that father by ordering him to pay child support.
- If a caretaker, agency, or another party has legal custody of the children, they, too, can seek a child support order.
In each of the above cases, the parents must be notified of the request for child support to be eligible to pay or receive it.
Understanding the Initiation of Child Support
Child support can be initiated for various reasons. It is commonly set during a divorce as part of the divorce proceedings. In cases where the parents were never married, the custodial parent may request child support from the child’s other parent.
Although many people attribute child support as an obligation for fathers, the laws show no preference regarding gender. Mothers may be ordered to pay child support, especially in cases where the father has primary custody of the child.
Understanding the Factors That Impact Child Support
There is no guarantee that the parent seeking child support will be granted their request.
The judge overseeing the case may consider many factors that could include but are not limited to:
- The financial situation of both parents
- The child’s needs, including health, education, and general welfare
- Each parent’s ability to pay child support
- The amount of time each parent spends with the child
- Any existing child support obligations for other children
If you have concerns about your eligibility to apply for child support in Arizona, our legal team is here to help. We can review your case to determine any of the potential strengths or weaknesses of your request. Fortunately, in many cases, the parent who is tasked with primary caregiving for a child is often provided relief through the ordering of child support, especially when that parent has strong legal representation.
Preparing Important Documents
Your lawyer can help you understand Arizona child support laws that require important documents to be submitted to the courts as part of establishing child support in AZ.
Basic information and documents could include:
- Social security numbers of both parents
- The name of the other parent
- The other parent’s current address and place of work
- Birth certificates
- Paternity-related court orders
- Copies of adoption documents (if applicable)
If you have been married, you must also provide a copy of your marriage license and any decrees of dissolution of marriage. These documents help ensure accurate legal proceedings while determining paternity and support. By providing thorough documentation, you can improve the chances of a smoother and more efficient process as you work to establish paternity and secure the necessary support for your child.
Applying for Child Support
Once you have the requisite documents and establish your eligibility to seek child support, your lawyer can guide you through the application process. There are two main ways to apply for child support, and both can proceed more smoothly with legal representation from a qualified Arizona child support attorney.
Online or Paper Application
You and your attorney can apply for child support through the Arizona Department of Economic Security (DES), which, along with the family court, is responsible for enforcing child support orders. Your attorney will help you gather the necessary documentation and financial information for the child support application. You can apply online via the AZCARES portal or via a paper application sent to a DCSS dropbox.
Once the application is processed, a hearing will be set. At that court hearing, your lawyer can present evidence and make legal arguments on your behalf to demonstrate that you are eligible for child support. After the hearing, the court may issue a child support order, and your attorney can explain the terms, including payment details and any conditions attached to the order.
Legal Motion
The other route for applying for child support involves hiring an attorney to file a legal motion for the establishment of child support, often as part of a divorce or separation case. The other parent must be notified of the court proceeding. After a court date is set, your lawyer and the other parent or their legal representative can make legal arguments regarding the merits of establishing child support.
If the judge agrees that you qualify for child support under the law, the judge may sign an order setting child support. Once the order is signed, it becomes legally enforceable. At this point, the Arizona Department of Economic Security (DES) will become involved. DES is responsible for enforcing child support orders and ensuring payments are made.
Enforcing Child Support
Once a judge signs a child support order, it becomes enforceable through the court. The DES may also take steps to enforce child support if the other parent fails to comply with the order. If you seek enforcement through the courts, your family law attorney can gather evidence that supports the enforcement actions. This could include bank records or DES records showing that payments have not been made and the other parent is in arrears (behind on payments).
Missing one or two payments may not be sufficient for enforcement actions, but consistently missed payments – especially when the amount in arrears extends into the thousands – may be grounds for enforcement. Your lawyer can handle this process as well. Once a hearing is set, the other parent will be given the opportunity to defend their actions. Judges have wide discretion when deciding how to enforce unpaid child support.
If the other parent can pay the arrears in full, the judge may close the case or issue an order confirming that the overdue child support has been satisfied. Depending on the circumstances, the judge could also remove any enforcement actions, such as wage garnishment or liens, that were put in place to collect the unpaid amount. If the parent does not show good cause for missing payments, they may be found in content and potentially confined to jail.
Modification of Child Support
Final court orders are not always final. There may be times when modifying child support orders is both reasonable and necessary. One example would be when a parent who is ordered to pay child support experiences a change in life circumstances that leaves them disabled or seriously ill. If they cannot pay their child support obligations, a judge may order a reduction in child support reduced or eliminate it altogether.
It’s important to keep in mind that even when one parent files a motion to modify child support for the purpose of reducing or eliminating the financial obligation, the other parent has the right to argue against that motion by hiring an attorney. Also, there may be times when the parent who pays child support earns significantly more than when the child support was initially set. Since child support is often set based on the earning capacity of both parents, this could be grounds for one parent to seek a modification to the child support order to increase the monthly payment.
The Importance of Hiring a Family Law Attorney
Child support can provide crucial resources for your child to support their education, healthcare, basic needs, and other important areas of their lives. Both parents are expected to contribute to these and other childrearing expenses. Still, if you are seeking financial support from the other parent, it is important to remember that there is no guarantee that your request will be approved.
The right legal representation can greatly improve the odds that your application or court case will result in the establishment of adequate monthly child support payments. An Arizona child support lawyer who understands the state’s laws when it comes to child support can be a crucial asset as you begin the process.
Legal representation can save you the hassle of researching complex laws and statutes, creating legal documents, and providing evidence and financial documents on your own. Proceeding to court without legal representation could give your former partner an advantage, especially if they have retained legal counsel. While the short-term cost of legal representation may not be insignificant, the long-term benefits for you and your child are often well worth the investment of resources.
Child Support Application FAQs:
Arizona’s child support laws can be intimidating and difficult to navigate without legal help. At Desert Legal Group, we believe that our clients should understand how these laws may affect their custody case.
Trust Desert Legal Group with Your Child Support Application
Child support is an essential component of raising your children with the means and resources they deserve to thrive.
If you are facing a child support application, don’t stress over the prospect of navigating the process yourself. Contact Desert Legal Group to schedule a consultation.
Attorney Cory Keith is an exceptional legal professional dedicated to providing effective representation for his clients. Driven by the belief in treating others how he would want himself represented, Mr. Keith has earned a name for himself for his unflagging advocacy and compassionate approach to law.
Mr. Keith attended Arizona State University, earning his Bachelor’s in Criminal Justice and Criminology through a full academic scholarship. With outstanding performance, he received another full ride academic scholarship to attend law school, where he demonstrated exceptional leadership abilities by accepting executive roles in various organizations as well as serving as legal clerk at multiple well-respected law firms.