Arizona Child Custody: Overview

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The past, present and possible future relationship between the parent and the child. The interaction and interrelationship of the kid with the child's moms and dad or moms and dads, the kid's brother or sisters and any other person who may considerably impact the child's finest interest. Whether one parent intentionally misinformed the court to cause an unnecessary hold-up, to increase the cost of litigation or to convince the court to give a legal decision-making or a parenting time choice to that parent. 8. Whether there has actually been domestic violence or child abuse pursuant to section 25-403. The nature and extent of coercion or pressure utilized by a parent in getting an agreement concerning legal decision-making or parenting time. Whether a parent has actually complied with chapter 3, article 5 of this title. Whether either moms and dad was convicted of an act of incorrect reporting of kid abuse or overlook under area 13-2907.


What is joint legal decision-making? What is sole legal decision-making? Joint legal decision-making requires both parents to interact jointly to make choices relating to the childhood rearing of their kids. Sole legal decision-making allows one parent to make decisions concerning the childhood rearing of their kids without seeking advice from the other parent.

What Exactly Is Child Support?

When two parents live together with their child or children, each parent contributes to their support. To provide for their children, the parents pay for utilities, mortgage or rent, school supplies, medical appointments, food, clothing, and so on.

When those parents no longer live together and the children live with either both parents part time or one parent full time, courts will usually order both parents to continue financially supporting their children. Child support is the term for this type of assistance.

This is true even if the non-custodial parent is not emotionally or physically involved in the child's life. Child support is usually paid by the parent who does not have primary physical custody of the child (the non-custodial parent).

For many years, public policy has held that when two people have a child, both parties are responsible for supporting that child. As a result, courts will have an interest not only in ordering child support but also in enforcing their child support orders.

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How Is Child Support Calculated?

Each state has its own set of criteria for determining an appropriate amount of child support. Typically, this criteria includes:

Both parents' income; Earning potential; the number of children in need of support; the amount of time the child or children spend with each parent; the standard of living prior to the divorce or separation; and the child's needs
For example, if custody is divided as evenly as possible, each parent is presumably supporting the child while in their care. As a result of the arrangement being fairly equal, a large child support order against one parent or the other is unlikely (unless, however, one parent is significantly more wealthy than the other parent).

Courts try to avoid children experiencing vastly different living standards at each parent's home, such as a child living in a trailer park with their mother but in a six-bedroom mansion with their father.

The amount of support provided to each child in a family may also differ. If one child has severe physical disabilities and requires round-the-clock nursing care, but another child does not, the court may order a different level of support for each child, even if they are raised in the same family.

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Getting Assistance from a Child Support Lawyer

Child Support Attorney Questions To Ask

It can be difficult to know what questions to ask an attorney about your child support case. Here are some questions you should ask a lawyer during your initial consultation:

  • What effect does a change in a parent's income have on child support?
  • What options are there for enforcing child support?
  • How difficult is it to change the amount of child support or get a child support modification?
  • How does the status of custodial versus non-custodial parents affect support payments?
  • Is alimony going to affect the amount of child support I receive or pay?
  • How can I be certain that child support payments cover daycare (or other forms of childcare), health insurance and health care costs, special needs care, and all of the children's other needs?

Choosing the right attorney can make a world of difference when it comes to enforcing a court order, changing the amount of child support you receive or pay, or having other child support needs.

Arizona Child Support

What Does Child Support Pay For?

The short answer is that child support pays for essentials. Each state defines necessities differently, but the fundamental necessities are all food, shelter, and clothing. Some states have determined that educational expenses, including some extracurricular activities, entertainment expenses, medical care, transportation, and other costs are also necessities.

Some courts will outline what the child support order covers in the order itself, so there is no misunderstanding between parents about how the child support payment may be used.

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What Happens If Child Support Isn't Paid for Needs?

Proving child support fraud can be difficult. However, if it is obvious that the child is not being properly supported (not being properly dressed, fed, etc.), this can be a sign that the custodial parent is misusing child support funds. This is especially true if the custodial parent attends lavish parties without the child, buys expensive clothes, jewelry, or travels on posh trips without the child.

A family law attorney can advise you on your legal options in this situation.

What If AZ Child Support Isn't Paid?

Child Support Adjustments

When the parent who has been ordered to pay child support fails to make payments, this is a more common occurrence in child support matters. If a parent fails to make child support payments, states usually have a designated agency or attorney who can sue on behalf of the child to collect payments.

The following are the consequences of failing to pay child support:

  • Wage garnishment; suspension of the parent's occupational license, such as a medical license or a law license; suspension of the parent's business license; suspension of the parent's driver's license;
  • Placing a lien on real estate; withholding money from federal tax returns; withholding government benefits
  • The parent's passport is revoked. or
    Prison time

Courts will usually do everything possible to avoid suspending licenses or imprisoning a parent for failing to pay child support, because if a parent can't work, they can't earn enough money to pay child support anyway. However, in situations where a parent is not responsive, the court has these options to enforce child support.