Child Support Attorney Phoenix
Are you having trouble understanding your legal obligations to your child, or are you struggling to get your ex to pay what they owe to help raise the children you created together? Managing a child financially can be quite complex, and without a solid understanding, you can suffer from legal consequences. When you are required to provide child support, you must commit to regular payments through the court and make them on time. If you are seeking child support from an evasive or argumentative ex-partner, you can work with your Phoenix child support lawyer to make sure that the court enforces payments and keeps you safe. With more knowledge, you can make educated decisions on how to deal with a child support claim.
Get guidance from an educated child support attorney before initiating your case. This can prevent you from making mistakes and wasting time when seeking a fair child support amount. Learn more about your child support case and what approach to use with our help. Find out how to get started on receiving Phoenix child support by consulting with Cosmas Onyia today.
The Role of Phoenix Child Support Attorneys
Child support matters can become complex and be the subject of contention between parents who are parting ways. It is ideal that you have a child support attorney to provide you with the support you need.
An experienced child support lawyer will have a full understanding of the legal process regarding Arizona child support. They will be able to help you work within the child support guidelines while using their intricate knowledge of the law to make sure that child support calculations are made fairly so your child will get the right level of financial support.
The negotiation skills of an experienced family law attorney can help you and your child’s other parent come to an agreement without stumbling over common pitfalls. Contentious disputes often arise during negotiations over child support, and with the help of Arizona family law attorneys, you can mitigate those obstacles.
No law requires you to use an attorney as you work to establish child support for your children. However, the experience of AZ child support attorneys can help you ensure you are submitting all of the required documentation on time and following proper procedures.
You may even find it difficult to speak with your child’s other parent as the situation could become emotionally explosive. Child support attorneys can communicate with the other party on your behalf. This allows both of you to do what is best for your child without letting your emotions get in the way.
Understanding Child Support Laws and Child Support Payments in Arizona
The state’s child support guidelines require parents to provide the total amount of support they would have spent on their children if they stayed living together as one family unit. This shared income approach requires each parent to contribute proportionately from their share of income.
In most cases, the non-custodial parent will be required by family court to pay a percentage of their gross monthly income for child support payments under the child support agreement. There is no set amount, what is ordered will depend on the unique factors in each case. Generally, this means the gross income for both parents, the medical expenses required for the child, and daycare expenses.
However, circumstances may change that could alter this amount for child support obligations. It is always wise to seek the guidance of child support lawyers in Phoenix, especially when it comes to modifying child support orders.
The Importance of Hiring an Experienced Child Support Attorney
A skilled child support lawyer will be able to provide a broad array of relevant services to parents in Arizona. You may not know how much child support you must pay or have difficulty with an existing child support order.
Whether you must make these payments or you are to receive them for the benefit of your children, having a child support lawyer ensures you have someone protecting your rights. A child support attorney will help determine the reasonable amount of support needed, file motions to either establish or modify support orders and even handle enforcement of child support if the other parent falls behind on their required payments. You could also need help with modifying child custody.
When you and your child’s other parent cannot agree or they are shirking their responsibilities, you need legal representation you can count on throughout the process. The Law Office of Cosmas Onyia will serve as your intermediary and negotiator, providing you with the compassionate support you deserve.
How far behind can child support fall before a warrant is issued in Arizona?
When a parent who is ordered to pay for child support falls behind, the order can be enforced by the Court for the non-payment of child support. The specific amount of arrears that triggers an enforcement action can vary depending on the circumstances of your case. Under the Arizona child support statute, a court may enforce child order if a parent who has failed to pay child support for at least 60 days or who owes at least $5,000 in child support arrears. This threshold may be lower in some cases if the court determines that the parent has the ability to pay but is willfully refusing to do so.
How can I legally stop paying child support in Arizona?
A parent cannot simply stop paying support without a valid reason and without following the legal procedures. If you were to legally stop making child support payments, you must petition the court for a modification of the child support order. You as the parent must also demonstrate that there has been a significant and continuing change in circumstances that makes the current child support order unfair or inappropriate. Examples of such changes in circumstances may include a significant change in income or job loss, or a change in the parenting time schedule. After you file a petition for a modification, the other parent will be notified of the request and will have an opportunity to respond. The court will then review the evidence presented by both parties and make a decision based on the best interests of the child. Until the court issues a new order modifying the child support obligation, the parent must continue to pay the current amount. If you fail to follow the correct court procedures, this can result in legal consequences such as license suspension, or even imprisonment for contempt of court.
How much does a father pay for child support in Arizona?
The amount of child support a parent pays in Arizona is determined by the Arizona Child Support Guidelines, which use a formula that takes into account various factors such as the income of both parents, the number of children, and the parenting time arrangement. It would be the same amount as a mother in most cases if she was not the primary residential parent of the children.
The formula considers the gross income of both parents, and certain allowable deductions, such as health insurance premiums, and other child support or spousal maintenance payments. The official guidelines also provide for additional expenses, such as childcare costs and medical expenses, to be divided between the parents according to their respective incomes.
Child Support Guidelines for Calculating the Appropriate Amounts
The child support guidelines provide a formula for calculating the appropriate amount of child support in Arizona. Your child support attorney in Phoenix, AZ can provide all of these services to make sure that your child support was accurately calculated. Here are the basic steps:
Step 1: Determine the gross income of both parents. This includes income from all sources, such as wages, tips, bonuses, commissions, and self-employment income.
Step 2: Subtract allowable deductions from gross income, such as child support paid for other children, spousal support and health insurance premiums.
Step 3: Use the child support chart to find the basic support obligation based on the combined adjusted income and the number of children. The chart provides a basic support obligation amount for various income levels and numbers of children.
Step 4: Divide the basic support obligation between the parents according to their proportionate share of the combined adjusted income. For example, if one parent’s income is 60% of the combined adjusted income, that parent would be responsible for 60% of the basic support obligation.
Step 5: Adjust the child support amount for additional expenses, such as childcare costs and medical expenses, by dividing these expenses between the parents according to their proportionate share of the combined adjusted income.
Step 6: Add up the basic support obligation and additional expenses to determine the total child support obligation.
Child Support Trial
When you begin the child support trial process, your Phoenix child support lawyer can support and educate you on what to expect. They will guide you through the steps for your child support trial in Arizona. Please note that court procedures and requirements may vary depending on the specific circumstances of your case, so it’s important to consult your family law attorney in Phoenix, AZ first.
Filing the Petition
The first step in initiating a child support case in Arizona is to file a petition with the court. The petitioner, or the person seeking support, typically files the petition. This petition outlines the details of the case, such as the names and ages of the children involved and the requested amount of child support.
Service of Process
Once the petition is filed, the petitioner must serve the other parent with a copy of the petition and a summons, which notifies them that a case has been filed against them and outlines their legal rights and responsibilities. If you are not the petitioner, you’ll receive the summons detailing the petition.
Response and Counter-Petition
The other parent has a certain amount of time to respond to the petition and may file a counter-petition if they have any additional requests or concerns related to child support. Your Phoenix child support lawyer can direct you on how to file a counter-petition. If the other parent sent you a counter-petition, Phoenix child support lawyers can explain to you how you should respond in your best interests.
Pretrial Conference
Before the trial, the court may hold a pretrial conference to discuss any outstanding issues and attempt to resolve the case through negotiation.
Trial
If the case is not resolved through negotiation, a trial will be scheduled. Each party will present evidence and testimony to support their case at the trial.
Decision and Order
After considering all the evidence presented at trial, the court will issue a decision and order that outlines the amount of child support that must be paid and any other relevant details. This includes the payment schedule and how expenses related to the children will be divided between the parents.
Enforcement and Modification
Once a child support order is in place, it is legally binding and must be followed. If one parent fails to comply with the order, the other parent can seek enforcement through the court. The child support order can also be modified if there are significant changes in the circumstances of either parent. This can include a change in income or a change in custody arrangements.
Duration of Child Support
In Arizona, the duration of child support is generally until the child reaches the age of 18 and graduates from high school or turns 19 years of age, whichever comes first. However, you could pay child support past these ages if the child has special needs or disabilities that require ongoing support. Another exception is if the child is still attending high school on a full-time basis.
Child Support for Disabled Adult Children
In Arizona, child support for disabled adult children is handled differently than child support for minor children. Here are some important things to note:
Eligibility
To be eligible for child support as a disabled adult child, the child must be physically or mentally disabled to the extent that they cannot support themselves. The disability must have occurred prior to the child reaching the age of 18 or graduating from high school, whichever comes last.
Age Limit
Unlike child support for minor children, which generally ends when the child reaches the age of 18 or 19, child support for disabled adult children can continue indefinitely. This is as long as the child remains disabled and dependent on the parent for support.
Calculation of Monetary Amount
The calculation of child support for disabled adult children is based on the needs of the child and the ability of the parents to pay. The court will consider factors such as the child’s medical and living expenses, the income and assets of both parents and any public benefits the child may be receiving.
Court Approval
Any child support agreement or modification involving disabled adult children must be approved by the court.
Termination
Child support for disabled adult children can be terminated if the child is no longer disabled, if the child becomes self-supporting, or if the parent providing support becomes unable to continue providing support due to a change in their own financial or physical circumstances.
Child Support Enforcement and Contempt Proceedings
In Arizona, child support enforcement and contempt proceedings can be initiated by the state’s Division of Child Support Services (DCSS) or by the parent entitled to receive child support. Here are the general steps for enforcing child support and initiating contempt proceedings:
Locate the Non-Custodial Parent
The first step in enforcing child support is to locate the non-custodial parent if their whereabouts are unknown. The DCSS may use a variety of methods to locate the non-custodial parent, such as accessing government databases or conducting investigations.
Establish Paternity
If paternity has not been established, the DCSS or either parent may initiate legal proceedings to establish paternity so that child support can be ordered and enforced.
Order Child Support
Once paternity has been established, the court will issue an order for child support based on the income of both parents and the needs of the child.
Enforcement
Suppose the non-custodial parent fails to comply with the child support order. In that case, the DCSS or the custodial parent can take a number of enforcement actions, including wage garnishment, interception of tax refunds, suspension of licenses, and seizure of property.
Contempt Proceedings
If the non-custodial parent continues to fail to comply with the child support order despite enforcement efforts, the DCSS or the custodial parent may initiate contempt proceedings. This involves filing a petition with the court and providing evidence of the non-custodial parent’s noncompliance. In the case that the court finds the non-custodial parent in contempt, they may face penalties such as fines or even imprisonment.
How Can I Request a Child Support Modification in Arizona?
Step 1: Your attorney will determine if you are eligible for a modification
Step 2: Attorneys gather the necessary documentation
Step 3: Your child support lawyer advises you on your case strength and best strategy
Step 4: The attorney files a petition for modification
Step 5: Attend a court hearing and be represented by your attorney
Step 6: Await the court’s decision
The graph below shows data, from January 1, 2023 through June 30, 2023, that reveals the main issue in child welfare cases is neglect. When a custody dispute arises for reasons of abuse or neglect, AZ family law attorneys are essential in helping protect the best interests of your children by helping you get the modification you need.
Is There a Time Limit to Collect Child Support?
In Arizona, there is generally no time limit to collect child support. Child support arrears or past due, the delinquent amount can accumulate over time. When this occurs, the custodial parent can seek enforcement of the child support order at any time, even after the child graduates high school and has reached adulthood. However, there is a statute of limitations for enforcing child support orders in certain circumstances. Learn more about your child support case and get a consultation with Cosmas Onyia now.
What the Law Office of Cosmas Onyia Can Do for You
When relationships end between adults, the children they brought into the world shouldn’t suffer. In a perfect world, everyone would get through divorce proceedings in an amicable way. Unfortunately, that is rarely the case when it comes to child support and custody.
The Arizona child support statute ultimately benefits children of divorce. However, certain circumstances may make the situation a greater challenge. At the Law Office of Cosmas Onyia, we understand all the laws regarding family law matters.
Arizona’s child support guidelines are meant to help your child receive the financial support they deserve. When child support cases involve back child support or other child support issues, you can rely on our law firm for the legal advice and guidance you need to move forward.
Our expertise in child support cases makes us the strong partner you need while providing you with compassion as you make the new changes in your life.
We offer the following services:
Divorce
Divorced parents often run into issues with child custody and support. In addition to helping you through the divorce process, our law firm can also assist you with related family law issues for a smoother transition.
Child Custody
When parents part ways, child custody can become a complicated issue. The health and well-being of the children should always be a top priority. Arizona law has distinctions between physical custody and legal custody, and it is important that you understand what these terms mean before you sign a custody agreement.
Child Support
Arizona child support orders consider how much each parent earns. This may mean spousal support is due as well. You may be ordered to pay support payments or you may be the one that is to receive them for your children. Even when everyone agrees, life circumstances may change, which would require modification to those orders.
It is imperative that you discuss the particulars of your situation with child support lawyers in Phoenix who are committed to protecting your rights as a parent and doing what is best for your children. The Law Office of Cosmas Onyia stands by you to get the financial support needed to assist in your child’s well-being. Contact our law firm today for a free consultation to discuss your case.
Why You Need a Lawyer to Establish Child Support
Arizona child support cases involve child custody issues, and both parties may be incapable of coming to an agreement on these matters. The Law Office of Cosmas Onyia understands this plight and can provide the objective legal perspective you need to help your children.
Your child’s life will be full of expenses, including their educational considerations that may continue beyond the age of 18. You do not want to feel strapped every time you need money to raise your child. It is a shared responsibility and when one parent neglects their duties, it always hurts the child.
Your child will have many milestones in their life. Whether you must provide financial support or you are trying to collect child support, a lawyer can make sure what is best for your child is at the forefront.
Children can suffer when their parents are no longer together. You need the support of an attorney who understands your concerns and isn’t afraid to stand up for your legal rights as a parent.
Our child support lawyers will be there for you in court with the family law judge. We will negotiate for the best results to do what is fair. This will help you to raise your children in a better environment that allows them to thrive. With proper child support, you will be able to meet their needs and care for their well-being without struggling.
You may not have realized all the details and when you’re in this situation, it can be hard to know what to do next. When the unexpected arises and you feel like you do not know how to proceed, our attorneys will be there to lead the way through the legal process and take appropriate action. You will have someone providing you with legal options and standing up for you. It makes all the difference in the world to have an attorney who cares about you and wants you and your child to succeed in life. Contact us today to get a free consultation to discuss child support and the options you have available.
