QUESTION
How can I receive child support while a case is in the process of changing custody?
Asked on Apr 23rd, 2012 on Family Law - Arizona
More details to this question:
Per 2008 divorce, my ex husband and I share joint legal and physical custody of 13 y/o son. For the past year, my son has been living with me fulltime 24/7, his dad rarely sees or talks to him and has not helped with any finances except his medical insurance. He makes around $80,000 compared to my $55,000. I am representing myself and I have filed for a change of custody but a hearing date has not been set yet. My ex is denying my reasons for the change of custody and has a lawyer. Is there anyway I can file a child support modification form while this custody issue is figured out so I can begin to get some type of financial help from him?
1 ANSWER
Laura Monte
You can file a motion for Temporary Orders regarding child support. This would be for interim child support between the time the judge enters and order and the final resolution of the matter. You will need to ensure that in your original petition you asked for child support to be modified based on the changed parenting plan. If this was not done, then you will need to amend your original petition to modify. The Temporary Orders forms are available in Maricopa County on the self-service website.
*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 solely on Arizona state law and
case law.*
Answered on May 04th, 2012 at 7:46 PM