Arizona Child Support Legal Questions

Mr. David, you should propose a settlement with the other party and or discuss your case with a Family law Specialist to go over your possible options. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 for Case Manager. ... Read Answer

First, you should consider filing a claim with Arizona's Dept of Health Services Putative Father's Registry: http://www.azdhs.gov/documents/licensing/vital-records/correction-paternity-claim.pdf  If Mother places the child for adoption, you should be given notice of the action.  A DNA test can be done at that time to determine if you are the biological father.  Or, you could waive the test and state that, regardless of whether or not you are the biological father you are waiving any and all rights you might have.  A second choice is to file a paternity action after the baby is born and request that a DNA test is done.  A third choice is to talk with mom.  Ask for a DNA test to be done as soon as the child is born.  A DNA test should be done through an authorized laboratory.  They will require identification from mother and father and will take swabs from father and child, and if requested, mother.  The cost can be about $400.  If ARizona's DES will do the test, the cost may be significantly less.  "Home" tests are not accepted by the Court.  NOTE:  if you sign an acknowledgement that you are dad and your name is put on the birth certificate -- you become legal dad and will be financially responsible.  It does not matter if you are not the biological father.  Once you are identified as legal father you can seek to establish legal decision making, parenting time, and support.  The above is a brief summary.  I typically take about an hour to give an overview of the laws regarding what you are asking about.  Call for an appointment if you would like more information.  Marie Zawtocki 480-655-0733  ... Read Answer

If the September hearing was called a review hearing, the Court may have set that on the enforcement matter to make sure that the Father is now following the Court orders.  If Dad does not appear in September a warrant might automatically be issued.  If he appears but has not stayed current on all support orders for the past few months, more review hearings will be set. He would also be at risk of going to jail.  You need to be present and you will need to understand what remedies you can ask the court for.  As an example, going to jail is helpful in some cases but not in others.   Next time you file with the enforcement court or you have an enforcement court date, make sure you apologize for not being present, if your presence was required. The modification of child support matter is technically a separate matter.  Father would have had to file and serve you with separate paperwork.  You would need to request a hearing if you did not agree with the paperwork.  The court may schedule the modification hearing on the same day as the enforcement review hearing for the convenience of all of you.  These hearings can be confusing as many cases are scheduled for the same time and you are likely required to attend a conference first.  Any hearings are for short periods of time, so it is very important that you are prepared.  ... Read Answer

The answer to your question is going to depend on what state your divorce was final in, if there was a divorce at all.  In Arizona, college funding, unless agreed to as apart of a divorce, is not enforceable by the court.  Your child is an adult, according to the state of Arizona, neither you or his father have a duty to support him, this includes funding his college.  I don't know how another state would handle this issue.  *The answer presented is merely advisory in nature and does not constitute legal advice or create an attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice law only in the State of Arizona.  Any answer presented is solely based on Arizona law and case law.*... Read Answer

No it is not "legal" under the social security act.  The case worker, or her supervisor at CPS, need to contact Social Security and have the funds rerouted to CPS to care for the children.   *The answers provided are merely a guide and do not in anyway constitute legal advice or create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq.  is licensed to practice only in the State of Arizona.  Any answers presented are based solely on Arizona law and case law.*... Read Answer

You and your ex can agree that you no longer owe child support even if the Clearinghouse states you are in arrears.  An agreement would need to be created and filed with the Court.  There would be a nominal filing fee ($81 in Maricopa County).  Once the agreement is filed and approved by a judge, your child support payments should be stopped within a few months.  *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice law only in the state of Arizona.  Any answer provided is solely based on Arizona law and case law.*... Read Answer

Unfortunately there is not much that can be done to get your ex husband out of jail besides paying the purge amount of $14,870.  One of the consequences of failure to pay child support is incarceration.  In Arizona (especially Maricopa County) this is taken very seriously by most of the judges.  Someone will have to come up with the money to get him released. As for going forward, you and your ex husband can agree to get rid of the arrears.  It would be an agreement that you can file with the court under your case number that way he could never be jailed again for non-payment. *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answers presented are based on solely on Arizona law or case law.*... Read Answer

The child support that is currently owed and the back child support (arrears) are two different things.  Regardless of whether the child support is modified to reflect the new situation, your ex will still owe on his arrears unless you "forgive" the entire amount (or a certain portion). If you want to modify your child support, you should evaluate if you will owe him child support based upon the new living arrangements.  This can be done at the following link: http://www.azcourts.gov/familylaw/2011ChildSupportCalculator.aspx In the event that you would owe him support, some judges will put what you owe per month and subtract it from the arrears that he owes you, resulting in you paying little to nothing towards the care of your child. If you decide to ask the court for a modification, the child support amount would have to deviate 15% from the current ordered amount. *The answer provided is for informational purposes only and does not create an attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is only licensed to practice law in the State of Arizona.  The answers provided are based solely on Arizona law and case law.*... Read Answer

As you maybe aware, you receive a credit on your child support for the amount of time that you spend with your child.  If your child is spending more time with you than you are getting credit for, you may want to request that your parenting time and child support be modified.  In order for you to request a modification, you must show that your child support, with the increased time, would decrease by 15% or more.  Here is the website to recalculate your child support to determine this. http://www.azcourts.gov/familylaw/2011ChildSupportCalculator.aspx If you are awarded increased parenting time, the child support should be recalculated automatically.  You have one of two options: (1) Just request a change in child support or (2) request a change in your parenting time AND child support. *The answer provided is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona, therefore the answers provided are based solely on Arizona law and case law.*... Read Answer