Child Support Lawyers in Phoenix, Arizona

It is important for children to remain in a secure living environment despite their parents’ divorce, and to be afforded the necessities of living, stability in their education and extracurricular activities, and child care services that are age- appropriate when parents need them.  Consultation with experienced Phoenix child support attorneys at Schneider & Onofry, P.C. can reduce family stress by addressing the financial needs of divorcing parties as it pertains to physical and financial support of their children. Financial stability is paramount to the emotional health and well-being of parents who are required to maintain physical care of dependent children, and it is imperative that non-custodial parents maintain timely and complete payments of child support to the custodial parent.  Child support lawyers in Phoenix AZ will utilize state guidance to resolve funding disputes.

What is child support in Phoenix AZ?

The State of Arizona recognizes child support as an ongoing payment made by a parent for the financial support of their child.  Child support issues are at the root of many heated disputes between parents, and an experienced child support lawyer can help diffuse such encounters.  Child support can impact families in negative ways if it is not calculated correctly, or if the responsible party does not pay on time, in the court-mandated, or agreed-upon dollar amount.

How do I establish a child support order in Phoenix Arizona?

Establishing child support in Arizona can be streamlined with the professional services of an experienced Phoenix child support attorney who can help to locate a non-custodial parent when necessary, establish genetic testing, establish a child support order, and enforce the collection of payments.  Child support orders are recognized when one parent files a court petition for child support.  Experienced child support attorneys in Phoenix can explain this process and the outcomes that may present themselves.

What is paternity, and why is child support important?

Establishing paternity of a child provides rights to the father and the child.  The father receives legal rights to his child, and the child receives the right to financial support from the father.  Sometimes paternity is contested and the court can order that testing can be done to establish paternity. It is best to have the professional support of the law firm of Schneider & Onofry, P.C. when establishing paternity to make certain that the custodial parent’s rights are not negatively impacted, and financial support of a child is achievable.  Arizona courts have a vested interest in encouraging a child’s relationship with both parents and realize that child support and visitation are separate legal issues that will need to be addressed.

How is child support in Phoenix Arizona determined?

The calculation of child support is affected by the income of each parent, the amount of time each has the child, which parent pays for the medical and dental insurance for the child, and the cost of daycare. Child support attorneys in Phoenix AZ at Schneider & Onofry can educate parents on their responsibilities, take proper steps to make changes to child support when it is necessary, and also address the legal implications of not paying child support that has been ordered by a Phoenix Arizona Family Court. 

How long are parents required to pay child support in Phoenix Arizona?

Child support is the amount of funding that is required to maintain a healthy standard of living for minor children until they reach the age of majority at eighteen and have graduated from high school.  In special circumstances support will continue past 18 years of age and will be outlined in a child support agreement, perhaps to cover college education costs or medical and social services required for a special needs child.

Can I adjust my child support payments?

Parents of children who are receiving child support in Phoenix Arizona who have a change in status regarding their employment, a disability, changes to health insurance, or changes to income can make a child support modification with the assistance of Phoenix child support lawyers.  Either parent can request a modification of child support at any time when their income changes.

How is retroactive child support determined after paternity is established? 

Calculating retroactive child support may be simpler when a couple is married and they have a child because they may not need to establish paternity and the child support order is often attached to the finalization of the divorce paperwork completed on a specific date.  For example, if a couple separates 8 months before the divorce is finalized and the non-custodial parent has not paid any money toward supporting the child during those 8 months preceding the divorce order, a judge may consider retroactive child support when the final order of support, often completed at the time of the divorce, has been filed with the court.

When a child is born to a single mom, it may become complicated when paternity needs to be established, and at what point in the child’s life the mother decides to seek paternity confirmation and child support. Retroactive” means that the child support order starts from a previous date. Late support payments are different than retroactive child support and handled in a different manner.  A child support attorney in  Phoenix Arizona can answer questions regarding the need for retroactive child support versus actions to take for late payments of child support.

Parents should keep in mind that past-due support payments are not the same as retroactive child support. A retroactive obligation arises when the court decides that payments should have begun sometime in the past, even though the order is recent. Unpaid, or past-due child support results from a parent missing their monthly payments which were already established and ordered by the court.  Arizona Revised Statute 25-320 language support payment … “if child support has not been ordered by a child support order and if the court deems child support appropriate, the court shall direct, using a retroactive application of the child support guidelines to the date of filing a dissolution of marriage, legal separation, maintenance or child support proceeding, the amount that the parents shall pay for the past support of the child.” The conditions for retroactive child support include:

  1. No existing child support order,
  2. Child support is necessary for the case at hand.

A Phoenix Arizona child support law firm can explain why back child support may be ordered when the non-custodial parent acted in a way that delayed the final hearing on child support so that the custodial parent received no support during the long wait and/or the non-custodial parent concealed their assets to avoid getting a child support order. There are also many cases where the judge concludes that the custodial parent demonstrated a real need for back support.

Retroactive child support under ARS 25-320 states that “the court may order child support retroactively to the date of separation, but not more than three years before the date of the filing for dissolution of marriage, legal separation, maintenance or child support.”  This means that custodial parents who have not requested paternity or child support can only receive retroactive payments for three years from the time a child support order is filed with the court.  Whether you are the parent requesting child support, or the parent paying it, it is important to speak with experienced child support lawyers in Phoenix Arizona who can guide actions in their client’s best interests with consideration for the children.

What happens if my child support payments are in arrears?

If a parent falls behind on their child support obligation in Arizona, or just stops paying by choice, the Department of Economic Security can make attempts to collect funds by garnishing wages, seizing financial accounts, creating formal property liens and intercepting tax refunds.

Child Support Litigation in Phoenix Arizona.

Experienced Phoenix child support attorneys at the Law Firm of Schneider & Onofry, P.C. will guide individuals through the process of filing a Child Support Order, and calculating the amount of child support required from each parent to provide a stable foundation for a child’s life.

Sources:

https://www.azcourts.gov/familylaw/Child-Support-Guidelines

https://www.azcourts.gov/familylaw/Child-Support-Calculator-Information

Arizona Statutes – Title 12 – Chapters: 401 and Title 25 – Chapters: 312, 329

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