Regardless of their marital status, both parents have an obligation to financially support their child.
Regardless of their marital status, both parents have an obligation to financially support their child until adulthood. For couples navigating a divorce, this means the payment of child support from the noncustodial parent to the custodial parent during and after divorce negotiations. At Singular Law Group, our team of dedicated professionals is here to explain the three things you need to know about child support in Arizona. To learn more, call or contact our office today to schedule a free consultation.
How is Child Support Calculated?
Arizona law provides child support guidelines to assist in the calculation of child support in a divorce, but there are a considerable number of factors that go into the final determination of support. The first step in calculating child support is to determine the gross income of each parent, and then factor in how much time the child will spend with each parent. Additional considerations when calculating child support include the costs of the child’s medical expenses, daycare expenses, other expenses for the child’s care, how many additional children are supported by the noncustodial parent, and more.
The court always looks at the issue of child support through the lens of what is in the best interests of the child and has significant latitude to deviate from the child support guidelines in order to best meet the child’s needs. This is why it is critical that a parent has an experienced divorce attorney by their side when determining this issue.
Can You Make Changes to Child Support Payments?
A parent is allowed to make changes to child support payments if there has been a substantial change in circumstances since the original support agreement. This is known as a modification. The court will allow for an increase or decrease in child support payments if certain conditions are met. The changes alleged must be significant, permanent, material, and unanticipated at the time of the original order. Examples of permissible modifications include the following:
- Permanent job loss
- Significant promotion/demotion in job
- Serious illness or injury of a parent or child
- Substantial changes to the custody agreement
- Significant increase in income due to a raise or inheritance, and more.
How is Child Support Enforced?
If the parent paying support falls into arrears and enforcement of support is necessary, there are multiple options that can be utilized by the court to compel payment. One option is holding the parent in contempt of court until payment is made, which includes daily accruing fines as well as potential jail time. Another option is to issue an income withholding order, which diverts part of every paycheck to child support. Attaching liens to property, holding a sheriff’s sale, and suspending licenses are all other ways of enforcing child support in Arizona.
Talk to Our Office Now
Child support is a complex legal issue that requires a knowledgeable family law attorney for your case. If you have more questions about the payment or receipt of child support in the Phoenix area, call the office or contact us today at the Singular Law Group to schedule a free evaluation of your case.