Arizona Child Support Attorney
Mothers and fathers in Arizona have necessary legal rights, but they come with critical responsibilities as parents. While many people focus on legal custody rights during a divorce, the court finds parental responsibilities to be just as critical to the child’s best interests moving forward. Perhaps the most important example of parental responsibility is child support.
With the help of a Phoenix child support lawyer, you can seek child support or work to prevent excessive child support determinations that exceed your financial capabilities. The child support lawyers at Desert Legal Group have developed a thorough understanding of the state’s guidelines for setting child support and the laws that allow one parent to enforce child support orders. Our Arizona family law firm can help you ensure a fair determination of child support.
Child Support Basics
Child support can play a significant role in the life of your son or daughter. When two parents divorce or cease parenting together, the state has an interest in ensuring that their children have access to the resources necessary to fulfill their needs. Both parents have the legal responsibility to provide for the child, and a portion of these resources typically result from child support payments made by one parent to the other.
No child should experience a lack of resources because of their parents’ inability to cohabitate. Thus, Arizona child support laws are designed to prevent children from lacking basic material resources. Although the system is far from perfect, it can help even the financial burden of child-rearing. The financial payments from one parent ease the burden of the other, and the child is able to maintain a similar standard of living as they enjoyed before the split.
Common expenses covered by child support include educational costs, medical expenses, and living costs. Child support generally ends when the child turns 18 and graduates from high school. There are situations where child support could be extended, but this typically occurs in cases where the child is disabled and remains under one parent’s care or the paying parent agrees to continue making payments.
Navigating Child Support in Arizona
The Phoenix child support attorneys at Desert Legal Group can provide specific advice regarding how you can prepare for the process of establishing child support. Our attorneys will advise you to take the following steps to prepare for your case:
Gather Financial Documents
One of the best ways to prepare for your child support case is by gathering important financial documents well in advance.
These can include:
- Tax returns
- Income statements
- Child care receipts
- Healthcare receipts
- Anything documenting the child’s education expenses
Stay Engaged with Your Child Support Case
While Desert Legal Group will handle the complexities of your child support case, it is important to stay engaged by attending all court hearings and remaining proactive. Consulting with our experienced family law attorneys can provide valuable guidance and help you navigate Arizona’s child support guidelines. Together, we can ensure your child support agreement is fair and in your child’s best interest.
Remain Open to Communication
Open communication with the child’s other parent can facilitate a positive co-parenting relationship and lead to a fair and efficient child support resolution. Certainly, this can be difficult, especially in the middle of a child custody dispute. Remaining fair, open, and pragmatic can ultimately help you resolve all of your child custody issues on favorable terms.
The Importance of Hiring a Family Law Attorney
If you plan to let the court establish child support without legal representation, you could risk missing out on important benefits that only an experienced family law attorney like those at Desert Legal Group can provide.
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Experience
First and foremost, lawyers bring years of experience in understanding Arizona’s complicated family court laws. If you try to represent yourself in court, you may miss important filing deadlines, misfile paperwork, and miss important pieces of documentation. There are strict guidelines that have to be followed when addressing a judge in court, questioning witnesses, and entering exhibits as evidence. Attorneys also have experience filling out forms and using specific wording that makes for compelling arguments. -
Negotiation
Lawyers do more than draft and file motions. They are skilled negotiators who understand how to work with the other party to resolve lingering issues. Those negotiation skills can prove valuable as you seek child support or work to ensure that you only pay what is allowable under the law. -
Fair and Formidable Arguments
Dealing with your child’s other parent regarding financial matters can be challenging, but a lawyer can help you keep these discussions focused. A lawyer can also present your family's unique circumstances to the court to ensure a fair and adequate child support order. You can count on the Arizona Child Support Attorneys at Desert Legal Group to advocate for a fair and beneficial child support agreement that meets your child’s needs.
About Arizona Child Support Guidelines
Arizona’s child support guidelines are designed to ensure that your child’s basic needs are met by both parents, according to their financial capabilities. Three important areas considered in nearly every child support case include education, health, and maintenance. Since family court judges adhere closely to the state’s guidelines as they outline the requirements for child support in the state, parents should understand that the guidelines serve four main purposes:- Ensure child support meets children's needs and parents’ ability to pay
- Make child support orders fair for similar situations
- Provide guidance to parents and courts for setting child support and encourage settlements
- Comply with federal and state laws (ARS § 25-320)
The Guidelines ensure consistency and predictability in child support orders, preventing significant variations between similar families. Uniformity reduces unfairness and aids in settlement negotiations between parents. At Valley Law Group, we are dedicated to helping you determine how these guidelines affect your child support case.
Key Assertions in the Arizona State Child Support Guidelines
Child support determinations are based on seven key assertions.
Judges in the state hold that child support must be ordered in compliance with these assertions:
- Child support applies to all children belonging to the two parties, whether parents were married or unmarried. Child support makes no distinction between natural and legally adopted children.
- Child support is a priority financial obligation and is nondischargeable in bankruptcy. Existing debt should not be a factor when setting child support.
- Child support is separate from spousal maintenance, with the latter determined before establishing child support obligations.
- Both parents have a legal duty to support their natural or adopted children, but supporting a stepchild is voluntary.
- Sometimes, the custodial parent pays child support if circumstances require it. There’s no absolute requirement that the noncustodial parent should pay.
- Child support is calculated monthly to ensure a consistent amount over the year. It should not fluctuate.
- Child support is capped at a combined adjusted gross income of $20,000 per month. However, parents can agree on a larger amount.
Factors That Determine Child Support
Child support is calculated based on the guidelines, which outline numerous factors that help the courts understand the income of both parents, the child’s material needs, and more. Child support is calculated by a formula established by the state and considers the following factors:
- The financial resources and needs of the child
- The child’s educational needs
- The standard of living the child would have enjoyed if the child lived in an intact home. The medical support plan for the child.
- The financial resources and needs of the custodial parent
- The financial resources and needs of the noncustodial parent
- Any extraordinary expenditures
- The duration of parenting time for both parents
Based on these guidelines, the non-custodial parent is often ordered to pay child support dependent on the amount of parenting time they have – but not always. The Arizona child support attorneys at Desert Legal Group can use key points in the guidelines to argue for favorable terms for your child support arrangement.
Enforcing Child Support Orders
Any parent who does not fulfill their court-ordered obligation could face serious penalties. The parent who is denied child support payments can have an attorney file a motion for enforcement. The non-compliant parent would then be ordered to appear before a judge where they could be found in contempt of court.
In civil contempt cases, the court may order the parent to make a purge payment or face jail time until the arrears are paid. Wage garnishments are another common means of collecting child support payments.
Moving out of state will not help non-compliant parents avoid their child support obligations.
The states actively work collaboratively to track parents who are delinquent on child support. In addition, bankruptcy does not clear child support obligations. Tax return refunds can be seized to be for arrears, as well.
If your child’s other parent has not paid child support or for help enforcing child support orders, consult with the child support lawyers at Desert Legal Group.
Duration of Child Support
When a child becomes an adult at the age of 18, child support payments typically cease unless the teenager is still in high school. In that case, child support ends when the young adult graduates from high school, but not after their 19th birthday. Child support might continue into adulthood for disabled children, provided they require care from a parent into adulthood.
If you are uncertain about the expected termination date of your child support payments, the date is included in the support order. If your child support order was created in another state, Arizona courts typically honor the original order. Consult with the child support attorneys at Desert Legal Group to estimate when your child support payments will end.
Child Support FAQs
Arizona’s child support laws can be complex, especially for individuals new to the child support process. Our attorneys can break down the key concepts behind child support so you can make informed decisions about your child support payments.
When your children are young, it can be hard to predict what activities they will become interested in as they grow. Some extracurricular activities can be quite expensive. These circumstances can lead to questions about extracurricular payments that were not included in the initial agreement.
In many, if not most, cases, the parents will have to settle how to pay for extra activities themselves, as it is typically not practical for parents to return to the courts every time a new expense arises. It can also be unrealistic to predict child-rearing expenses several years or longer into the future. If the child is a teenager and has established activities, those fees can be included in any calculations that determine child support. For most other activities, parents can determine among themselves how to pay the fees.
Child support orders can be modified, but the court requires a Petition for Modification that demonstrates a substantial change to your finances. One situation where child support could be modified is when the non-custodial parent became disabled or developed a long-term illness or condition that prevented them from working in their former capacity. However, small changes in income generally will not qualify for modification purposes.
If you believe you need a child support modification, the first step should be to find an experienced AZ child support modification lawyer who understands the process for filing a motion for modification of child support. Before your hearing, your attorney can work with you to gather the documents needed to show that you are no longer able to pay your child support obligations under the terms of the current agreement.
Dads do not always pay child support in Arizona. The state guidelines, like those of any other state, do not make any preference regarding gender. The custody agreement and financial resources of both parents, among other important factors, play the most significant roles in determining who pays child support.
If you are a father who has concerns about being treated fairly in family court, you can protect your rights by consulting with a family law firm like Desert Legal Group. We have a formidable history of representing fathers in family court and helping them resolve custody and child support issues on favorable terms.
In some cases, both parents can request that child support be waived. For example, there may be less justification for child support in cases where parents have a 50-50 parenting plan and make similar incomes. Ultimately, a judge must approve the order and ensure that the agreement serves the best interest of the child.
Child custody is one factor but not the sole factor that a judge may consider when determining whether to order child support payments and how much those payments should be. However, when one parent is tasked with the majority of child-rearing time, there are usually financial costs associated with that responsibility. The court may order the non-custodial parent in those situations to financially contribute to the other parent to help even the financial burden of raising the child.
Schedule Your Child Support Consultation Today
It is important for both parents to actively participate in contributing financially to the rearing of their shared child. Similarly, it is crucial that both parents are involved in establishing a child support plan that meets their financial needs and serves the best interests of the child. The parenting plan, custody agreement, and child support arrangements should be sustainable to prevent additional court hearings in the future.
Whether you and your child’s other parent are working collaboratively towards a child support agreement or you need to enforce a delinquent order, the dedicated family lawyers at Desert Legal Group can help guide you through the child support process. Our team of Arizona child support lawyers will work diligently to ensure an accurate child support calculation based on the needs of each child and each parent’s ability to provide support.
Contact our office today to schedule your child support consultation.