The best child Support lawyer in Phoenix AZ is one who understands the law and can guide their client through the process. A lawyer can help with the initial child support establishment, as well as modifying and enforcing an existing child support order. Child support issues often arise in the context of divorce and separation, but can also be related to custody and visitation arrangements.
The state of Arizona and its municipalities establish laws establishing a legal obligation for both parents to financially support their children after a family splits apart. Courts typically set a specific dollar amount that the non-custodial parent (the obligor) must pay to the custodial parent (the obligee) for each child that they share a relationship with. Child support payments are generally based on a formula that takes into account both parents’ income and the needs of their children.
Some parents may argue that being ordered to pay child support reduces their ability to directly provide for their children, but courts are not willing to alter child support statutes. Providing for the basic necessities of children is the primary concern of family courts, and that includes food, shelter, clothing, and educational expenses. Whether or not extra-curricular activities should be included in a child support payment will be a matter for the parties to settle. Mediating such issues along with other custody matters frequently helps parents resolve their differences without the need to go to trial.
During the initial child support determination, the court will review the state’s Child Support Guidelines and determine each party’s share of their obligations. This will take into account both parents’ gross monthly earnings, as well as any extraordinary expenses and health insurance costs incurred by either party. The amount of parenting time each party has is also taken into consideration. A total of 12 hours or more of parenting time is considered a full day of parenting, while six-11 hour periods are half days.
Once a child support amount is determined, the judge will enter an order for both parties to comply with. If a parent fails to follow through on their obligations, they could be subject to penalties and even jail time. For this reason, the obligor must promptly report their income to the court and if there are changes in circumstances, the parties should immediately speak with an experienced family law attorney.
A parent can request a change in their child support payments by filing a petition with the family court. However, the judge will only approve a modification of child support when there has been a substantial change in circumstance. The most common changes that would warrant a change in child support include a significant increase or decrease in either parent’s income.
In addition to calculating future monthly support, the court will usually set a termination date for current payments. The current payments will terminate when the child reaches the age of 21, or when they become married or self-supporting.