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Tucson Child Support

Tucson Child Support

Arizona is a state that doesn’t mess around when it comes to child support. The courts have set a strict formula in place that factors in things like parents’ gross incomes, parenting time, medical insurance and childcare costs, and other relevant considerations. It is very rare that divorce cases involving children end without some kind of child support order.

You can be prepared by taking the time to learn about Tucson child support and Arizona divorce laws that cover this topic. You can also check to see what you can expect if you know these details by using the state’s child support calculator: https://www.sc.pima.gov/law-library/child-support-calculator/.

The next best thing that you can do is to hire an attorney to help you navigate the waters of child support so that you know what to expect. Let’s start with talking about what child support is and what it’s for, and then we’ll discuss how to make sure that this comes out in your favor in the divorce proceedings, too.

What Is Child Support?

Child support is the monthly amount of money that courts order a parent to pay the other parent in order to offset the costs of caring for the child, including things like childcare, medical insurance, clothes and food, etc.

The state of Arizona also has a great document that outlines everything you could possibly want to know about child support. The Arizona Child Support Guidelines is something everyone should look over to learn more about how parenting time and support works, as well as what to expect in their case.

How Do I Make Sure My Spouse Pays Child Support?

Child support is a court order. Therefore, anyone who does not pay it is in direct defiance of a court order and subject to arrest or detainment until they pay or make arrangements to pay. Because the state of Arizona is so serious about child support and parenting arrangements, most people tend to keep up with their child support payments once they’ve been enforced.

If you are in a situation where your spouse is supposed to be paying child support and they aren’t, you should seek the assistance of a family law attorney to help track them down and hold them accountable.

Can Child Support Orders Be Modified?

There are several instances where child support can be modified or reconsidered. This is always something that should be done through the courts, though. Parents shouldn’t rely on informal agreements with their ex—after all, that’s not an enforceable agreement. A court order can be enforced, and you can make sure that your child gets the support they deserve.

If you decide that you want to attempt to change a court order regarding support, it’s best if you contact a family law specialist to help you draft the change order and present your case to the courts. If either parent submits a modification request that is not in the best interests of the child, the court will probably just deny the order and leave support as it is.

Can Parents Agree to Their Own Support Amounts?

If the parents can create a separation agreement or go through mediation, they will be able to have much more say in child support payments, as well as parenting time and legal decision-making. This will make it less likely that the courts will assign higher payments or parenting time schedules that the parents don’t agree with.

It is still a good idea to have a lawyer on your side to get through the divorce and family law process that’s about to take place. Otherwise, you could be left with a lot of uncertainty and you might not end up getting the agreement that you want, even if things are “amicable” to an extent.

It is only when the parents can’t agree on arrangements that the court will decide what happens. It’s almost always the case that parents have to pay some kind of support because it’s highly unlikely that they both spend the same amount of time with the child(ren) or make the exact same level of income.

Arizona has laws and guidelines for child support to ensure that the children are taken care of. However, with the right circumstances and legal representation, parents can often make other arrangements that better suit their needs.

How Long Does Child Support Last?

Typically, child support orders will terminate on the last day of the month of their 18th birthday, unless the child will be in high school after they turn 18. Then, the order will be extended until the month of graduation or their 19th birthday, depending on which happens first.

There may be some instances where child support orders are extended into adulthood, such as when an adult child has a severe physical or mental disability that keeps them from living independently. However, this doesn’t happen automatically. Nothing in the child support system does. You will have to go to the family court and file the right paperwork and go through the legal process of assigning and ordering child support payments.

What if My Child Moves Out of State?

Your divorce hearing and the subsequent family law matters will be handled in the state where you filed for divorce. Therefore, if you’re in Arizona, you’ll be following the Tucson child support guidelines and the order set by the judge here. In the event that the child moves out of state with the other parent, the order will remain in effect. If the child’s expenses or needs change, the parent(s) can file a modification order to get the child support amount changed. Otherwise, the original order remains in effect.

Making sure that your children get the support they deserve is never something worth putting at risk. If you’re dealing with complex child support issues and want to be sure that you get the best outcome, contact the dedicated team at Modern Law today. We’ve got plenty of expertise in family law throughout the state of Arizona, including Tucson, and are ready to help you with your case.

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Child support

When two parents no longer live together because of divorce, the end to a relationship, or they never actually intended to be together, one of the most important things to consider is how this change will affect their shared children. How will they be supported? How will they be provided for financially?

Parents worry that child support may be incorrectly used or won’t be enough to meet their kids’ needs.

In order to make an arrangement that meets both the parents’ needs and those of their children, it may be important to talk to an experienced family attorney about child support. Child support can seem simple, but that certainly isn’t always true, and getting it wrong could cost you tens of thousands of dollars over the lives of your kids. By retaining a well-versed Mesa child support lawyer, you will have your children’s best interests represented, and you will be protected during negotiations and in the final child support order.

What Are the Basics of Child Support?

Whether two parents were once married or had children while unmarried, one must usually pay support to the other if they aren’t currently living together. Alternatively, if two parents aren’t married and one’s getting support from the State, the Department of Economic Security could secure a child support order on behalf of one parent against the other.

Either way, as defined by Arizona state law, child support is the obligation of one parent to provide support to the other on behalf of their kids. More specifically, it’s financial support that is calculated based on certain factors, including:

ML Child Support | Enforcement Attorney
  • Both parents’ income
  • The amount of parenting time that either parent has with the children
  • Costs of insuring the children
  • Costs associated with childcare
  • Any other children they may have
  • Spousal maintenance or alimony paid by one parent to the other
  • Extra education expenses associated with the children
Based on these factors, a monthly child support obligation is created and made mandatory for the paying parent. It should be noted, however, that parents can deviate from the child support guidelines depending on their specific circumstances – but NOT outside a court order. That means you cannot simply agree to a different amount without filing the proper paperwork, or you risk the massive consequences that come from unpaid child support. Even if you have a written agreement with your former partner, you MUST file with the court. A Mesa child support attorney will walk through all of your options and when and how you should file for a modification.

How is Child Support Paid?

When it comes to establishing child support payments, the court will typically issue an income withholding order to be delivered to the employer of the person who owes support. This order mandates the employer to withhold a certain amount of the responsible person’s salary and send it to the Child Support Clearinghouse, which collects payments on behalf of the receiving parent. In other situations, a parent who owes child support might be allowed to make direct payments to the other. Typically, child support comes out of each paycheck in equal installments each month. For instance, if you have an $800 child support obligation and you get paid twice a month, $400 would come out of each paycheck. However, as long as child support is paid in full by the end of each month, it complies with the order and is not “late” or in “arrears”. If a parent is not paying child support, the recipient can file for enforcement. Additionally, the payor may not receive a tax refund, as any refund would be redirected to the parent owed support. If you’ve been given the opportunity to take a child tax deduction, you would likely lose that ability if you owe child support.

Modifying Child Support

If you want to modify child support after that obligation’s in place, you must do so with the court while continuing to work within the current arrangement, otherwise you may end up facing massive consequences. There’s no way out of an established child support obligation, so if for some reason you can’t pay it, you have to modify it. In general, a parent may request a modification of support if their circumstances have changed to the point where the overall child support obligation would be changed by 15 percent in either direction. For instance, if you get a promotion at work, plug the numbers into the child support calculator. If the overall number doesn’t change by more than 15 percent, there is no need to file to modify child support. To modify child support, you need information related to income, parenting time, health insurance costs, and childcare expenses. A child support lawyer at our Mesa office in Dana Park could help collect and organize this information in a way that’s conducive to your goals for modification.

How a Mesa Child Support Attorney Could Help

If you have an issue with your ex-spouse not paying child support or claiming they can’t pay what they’re obligated to provide, you may need an experienced attorney to help you enforce your order and obtain the support you’re owed. Likewise, legal counsel could provide assistance if you need help modifying a child custody order you can no longer fulfill the requirements of. To schedule an initial consultation, call a Mesa child support lawyer today.
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