When a married couple with children decides to divorce, there are many decisions that must be made, not the least of which are the parenting schedule and which parent will support their children’s needs via child support. Even when parents are no longer married and living in the same home, they must still determine how they will co-parent and care for their children, including providing financial support. In the best-case scenario, parents can simply come to an agreement or accept the state-recommended child support amounts. In the worst cases, parents never agree, or one parent refuses to pay altogether, which means litigation must occur.
Unfortunately, parents often disagree on many aspects surrounding child support. Worse, reaching an agreement can be tricky when end-of-relationship emotions run high. If the divorcing couple cannot reach an agreement, litigation may be necessary.
The Arizona family court handles cases involving child support enforcement, modifications, and disputes. If you are facing child support litigation in Arizona, an experienced Arizona family law attorney can help protect your rights in court. Schedule a consultation with The Valley Law Group’s skilled divorce and child support attorneys as soon as possible.
What Is Child Support Litigation in Arizona?
When parents cannot come to a child support agreement, the court may use an administrative process, also known as administrative child support. These cases are handled by a child support agency, and notices of child support requirements are given to the parents. If no one objects, the administrative law judge will make an order without a hearing.
Cases that proceed to litigation, however, are handled and finalized by a judge. Both parents must attend a hearing, during which both sides will have the opportunity to present their arguments in court. The judge will consult the state-supported “income shares” model, which is intended to examine parental income and ensure the child has access to approximately the same level of support as they would receive were the parents not divorced. Then, the judge will make any necessary adjustments to ensure fairness and issue a child support order.
It is essential to recognize that child support litigation varies significantly in every case. Evidence may include presenting physical documentation, photographs, or testimonies. In some cases, financial evidence is required when disputes arise regarding income or a child’s financial needs. Proof of a child’s needs may also be necessary, such as educational needs or medical expenses.
Witnesses and expert testimonies also differ by case. Often, witnesses include the primary caretaker of the child and character witnesses for both parties. When a case involves complex financial issues, expert testimony from a forensic accountant may be essential.
Common Reasons Child Support Cases Go to Court
Child support cases arise for multiple reasons:
Disagreement
The most common reason for child support litigation involves extended disagreement between the parents. Sometimes, parents cannot agree on which party should pay child support in the first place. Disagreements can also arise regarding the child’s financial needs, a parent’s financial stability, and even how parenting time may affect the child support determination. In these cases, litigation may become necessary to determine a fair payment.
Modifications
Modifying a current child support order is another reason for child support litigation. Modifying child support in Arizona court is necessary when significant life changes occur that result in a change in income, such as losing a job or receiving a promotion. If the parents cannot agree on the need for modifications, then the case will proceed to litigation. Even if the parents agree that modifications are necessary, any requests for an increase or decrease in the payment must be approved and finalized through the court.
Enforcement
Enforcing child support orders in Arizona may become necessary if one parent fails or refuses to make the child support payments. The receiving parent must file a Petition to Enforce or a Petition for Contempt. After a Petition for Contempt or Petition to Enforce has been filed, the parent who filed will be ordered to appear under Arizona law (AR 25-320). A copy of the petition and an order to appear must also be sent to the parent who is failing to pay child support. The court will enforce the order by withholding wages, holding a contempt hearing for the parent who refuses to comply with the order, or prosecuting the parent who fails to pay with criminal charges.
If the child support order was issued in another state, the parent must register the order with the Arizona Superior Court. This gives the state jurisdiction over the case. In certain cases, the Uniform Interstate Family Support Act (UIFSA) can also be used to enforce a child support order across state lines.
Other Child Support Issues
Litigation may become necessary if parents dispute the amount finalized in the order for any reason. Other issues that may result in a case going to court involve hiding income, including intentional underemployment or self-employment.
For example, a parent hiding assets or failing to disclose certain assets can necessitate litigation to achieve a fair child support payment. Similarly, since business income is considered along with all other sources of income when calculating child support payments, intentionally remaining underemployed or under-reporting self-employment income can result in reassessment of child support. Parents who misrepresent their financial situation to avoid child support payments may be subject to retroactive child support orders, fines, and even perjury charges.
Child Support Enforcement
Many child support cases in Arizona involve court enforcement of a child support order.
If one parent is found in contempt of a child support order, they may face multiple penalties, including:
- Wage Garnishment – The court may order a certain amount of the non-paying parent’s wages to be withheld from their paycheck, ensuring ongoing payment of child support to the receiving parent.
- Liens – The court can place a lien on the personal property of the parent who fails to pay child support.
- License Suspension – The non-paying parent may lose driving privileges as a result of failing to pay child support.
- Contempt – Those who do not follow their child support order may be found in contempt of court. The individual may also be fined or face civil or criminal penalties, including imprisonment.
When one parent willfully refuses to pay child support, it is considered a class 6 felony according to Arizona law (AR 25-511). A first-time felony charge may result in a sentence of at least four months to two years in jail, depending on the situation.
Can Child Support Be Modified During Litigation?
Parents can pursue litigation to request modification of child support due to a change in life circumstances. However, proof that certain specific circumstances have occurred is required to achieve child support modifications.
These circumstances include:
- Changes in parenting time or custody
- The remarriage or cohabitation of one parent with a new partner
- New additions to the family due to a new marriage or relationship
- One parent serving time in prison
- The disability or serious illness of a parent or family member that results in expensive medical bills
- Increases in healthcare premiums
- Parental move due to a job change or other circumstance that alters their parenting time
- Drastic changes in the amount necessary to support the child due to a medical condition, educational needs, or even extracurricular activities
Once the court receives a Petition for Modification, the parties must provide evidence that changes occurred, including evidence of new sources of income or increased expenses related to caring for the child.
Standard Procedure vs. Simplified Procedure
There are two options for modifying a child support order: a standard procedure and a simplified procedure.
Modifying a child support order using the standard procedure requires a significant and consistent change in life circumstances, along with necessary evidence proving these life changes. Typically, to initiate the standard modification process of a child support order, the court will schedule a hearing to review the recent changes that necessitate modification. These life changes will be evaluated according to the Arizona Child Support Guidelines to determine if modifications are necessary.
A simplified modification is an option for parents who will likely see a change in support of at least 15% from the current order. This procedure requires a petition for modification. A hearing may also be scheduled at the parents’ request.
Retroactive Child Support
Retroactive child support is an option under ARS 25-320. This law states that if a child support order was not previously requested but is deemed necessary by the court, the court will apply the child support guidelines retroactively to the date of the divorce, legal separation, or child support proceeding. The court will determine the amount of back child support due and order payment.
How Arizona Courts Calculate Child Support During Litigation
To determine a fair child support amount, the Arizona family court considers a few relevant factors.
- Parent Income – First, the court will assess all sources of income, including salary, commissions, earnings for self-employed individuals, and even bonuses. Other sources of income that will also be considered are rental properties and investment dividends.
- Parent Expenses – Child care is a common expense that must be considered when determining a fair child support payment. Additionally, if either parent has court-ordered financial commitments, such as alimony payments, the judge will consider them while evaluating a child support order.
- Child Needs – Other factors the judge considers when determining a fair child support payment may include the child’s medical expenses, education costs, and any special needs.
The Arizona Child Support Guidelines outline the process for determining child support. However, even with these guidelines, facing the uncertainty of an upcoming child support order can be intimidating, and it can be extremely difficult to estimate your payments. The Valley Law Group’s child support calculator can help you learn more about what to expect so you can continue to plan your future.
Why You Need an Arizona Child Support Attorney for Litigation
There are several reasons to work with an Arizona child support lawyer for court, just as there are many ways that a lawyer can help protect your interests throughout your case.
- Understanding the Child Support Guidelines – The right lawyer can demystify the Child Support Guidelines and help you understand how they can affect the eventual child support order.
- Understanding the Legal Process – Skilled attorneys have a thorough understanding of the legal process related to child support in Arizona, and they can prepare you for what you can expect through your child support litigation case.
- Presenting Arguments and Evidence on Your Behalf – A child support dispute attorney in Arizona can also serve as your representation in court, advocating on your behalf and gathering and providing necessary evidence.
- Strengthening Your Child Support Case – The right child support attorney can comb through financial records and identify witnesses who may be able to strengthen your case for a modification or enforcement action. Child support attorneys are also skilled at cross-examining the opposing party and finding potential weaknesses in their arguments.
- Negotiations – Negotiating a fair agreement for child support is a crucial component of preserving your financial security. A lawyer can effectively communicate with the opposing party, handling difficult conversations that would otherwise be emotionally draining and engaging in skilled negotiations that will give you the best chance of a fair agreement.
- Additional Divorce or Child Custody Services – Securing or fighting child support in court in Arizona often occurs alongside other divorce and custody issues. For example, the right divorce and child support attorney can provide legal advice for high-conflict divorces or alimony determinations.
Without legal guidance, the steps necessary to secure a fair child support order can be confusing and overwhelming. A skilled family law attorney can handle important case elements like documentation, hearings, and all related procedures while you care for your family.
Consult with a Child Support Litigation Attorney in Arizona
If you and your child’s other parent are having trouble coming to an agreement regarding child support, you need a family law attorney who can walk you through the process and secure the most favorable child support order for you. An attorney is a valuable resource as you face a life-altering financial decision that will impact you until your child is of age.
Contact The Valley Law Group to request a free consultation for child support court cases in Phoenix, Gilbert, Scottsdale, Peoria, and beyond.
Resources:
- Arizona Legislature. (n.d.). Arizona Revised Statutes § 25-320: Child support; factors; methods of payment; additional enforcement. https://www.azleg.gov/ars/25/00320.htm
- Arizona Legislature. (n.d.). Arizona Revised Statutes § 25-511: Uniform Interstate Family Support Act (UIFSA). https://www.azleg.gov/ars/25/00511.htm
- Arizona Supreme Court. (2015). Arizona child support guidelines: Effective July 1, 2015. https://azcourthelp.org/all-documents/divorce/child-support/support-instructions/1034-child-support-guidelines-2022/file
- Arizona Supreme Court. (2018). Child support financial affidavit form (AOCDRS10H). https://azcourthelp.org/all-documents/divorce/child-support/support-instructions/1034-child-support-guidelines-2022/file
- Maricopa County Superior Court. (n.d.). Child support modification instructions and forms. https://superiorcourt.maricopa.gov/media/btnar0a3/drmss1z.pdf
- Uniform Law Commission. (n.d.). Uniform Interstate Family Support Act (UIFSA). https://www.uniformlaws.org/committees/community-home?CommunityKey=71d40358-8ec0-49ed-a516-93fc025801fb
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.
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