QUESTION
Is non custodial parent required to still pay arrears if child decides to live with them.
Asked on Nov 15th, 2011 on Child Support - Arizona
More details to this question:
My kids dads owes back child support of over $70,000. I recently allowed the children to spend the summer with him in efforts to get to know their other siblings. I still maintain coverage for insurance premiums, heath, dental, & vision. My daughter has decide to stay with her dad until she turns 18 which will be in 3yrs. Should i modify current child support order even thought i still have the financial obligation of covering insurance premiums for both children? And is dad still responsible for unpaid back child support if child lives with him.
1 ANSWER
Laura Monte
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.*
Answered on Jan 16th, 2012 at 5:38 PM