Top Child Support Lawyers in Phoenix

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Top Child Support Lawyers in Phoenix

We understand what’s at stake in cases of divorce and family law. It’s not just a matter of fines and records; your happiness and security, and that of your loved ones, is on the line. With our emphasis on family law, we understand that each case is different. That’s why we listen closely to your situation and goals and take on your case as if it were our own. We leverage years of expertise and talented litigation to achieve your optimal child support outcome.

As of January 2022 the Arizona Child Support Guidelines were modified to be more descriptive and “user friendly”. Our experienced attorneys have the most up to date knowledge regarding child support factors, how to calculate child support, how to modify child support, how to enforce child support and various considerations.

Below you will find some frequently asked questions around the topic of child support in Arizona. You can always call us or fill out our form to book a free consultation if you still have questions. We’re happy to help.

Child Support in Arizona – A Free Guide

By studying the Arizona family law materials, you will learn to prepare for court proceedings that may substantially affect how your child(ren) will be raised and the time you will spend with them.

Gaining knowledge in this area puts you in the best position to achieve your goals so you can continue to offer your child(ren) a promising future and provide a happy family life.

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Why Child Support Matters

When a child has two homes, it is important that both home environments provide food, shelter, access to healthcare, and other essential resources. Alternatively, when a child resides predominantly with one parent, the other parent is still obligated to provide their share of these essential resources. In either case, the parent with less parenting time will provide their share via a monthly payment approved by the state.

While child support does not guarantee that every child is free from want at all times, the monthly payments do provide a baseline of support for children. In addition, payments by one parent ease the financial strains of the other custodial parent. Often, the parent who collects this financial support on behalf of the child is the parent who incurs more expenses related to education, medical care, nutrition, clothing, shelter, and other living costs.

It is crucial that you secure the representation of the skilled child support attorneys at The Valley Law Group as soon as you anticipate you or your child’s other parent will be obligated to pay child support.

How Arizona Sets Child Support

State guidelines determine child support payments to meet a child’s health, education, and other needs. While adjustments are possible if the circumstances of the parents change, judges rarely deviate from these calculations while making the initial child support determination. Understanding the guidelines can help parents foresee financial obligations.

In general, the creators behind Arizona child support guidelines hold that:

Standards of support for children should be consistent with the needs of children and the ability of parents to pay.
Child support orders should be consistent for persons in similar circumstances.
Guidelines should give courts and parents guidance in establishing child support orders.
Child support should comply with state law.

The guidelines ensure consistency and predictability in support orders, preventing unfair variations between similar family cases. This uniformity improves both the fairness of orders and settlement negotiations between parents.

Key Assertions in Arizona’s Guidelines

In every child support case, seven assertions predicate the application of the guidelines.

Child support attorneys can help you ensure each of these assertions remain true throughout the process of establishing child support.

Applicable to All Children – Child support is ordered whether parents are married or unmarried. Every child is to be covered under the guidelines, which includes both natural offspring and children who are legally adopted.
Child Support Is an Obligation – The bankruptcy court cannot absolve parents of child support obligations. Child support obligations are nondischargeable.
Child Support Is a Separate Consideration from Spousal Support – Spousal maintenance is generally not considered when establishing child support obligations.
Parents Have a Legal Duty to Support Their Children – Biological and adoptive parents have a legal obligation to support their children. Support of step-children is voluntary.
The Custodial Parent May Pay Child Support – Although many people assume that the custodial parent receives child support, there are times when the parent who primarily keeps the child pays the noncustodial parent monthly support.
Child Support Is Paid Monthly – Child support payments should be a uniform monthly amount. Set monthly payments help parents plan and prepare without the worry of fluctuating payments.
Child Support Can Be Capped – The upper limit of income that can be considered for child support is capped. Parents may voluntarily agree to pay more in child support than the capped amount.

How Is Child Support Calculated?

Under Arizona law, child support approximates what parents would have spent on their children if they were still living together. Under this shared income model, each one of the parents contributes a share of their income. Typically, the noncustodial parent pays a percentage of their gross monthly income to the custodial parent – though, as mentioned, there are situations where a custodial parent may pay.

The court considers multiple statutory factors when calculating child support responsibilities.) when determining child support.

Key factors in establishing child support include:

The child’s financial resources and needs, including extraordinary medical expenses
The custodial parent’s financial resources and needs, including gross income
The standard of living the child would have had if both parents were together
The noncustodial parent’s financial resources, including gross income
The medical support plan for the child, including medical insurance availability
Any excessive or abnormal spending, destruction, concealment, or fraudulent handling of shared property
The child’s physical and emotional condition, as well as educational needs
The duration and expenses of parenting time
Daycare costs

Knowledgeable family law attorneys experienced in child support determinations, like the team at The Valley Law Group, can help you anticipate your child support amount.

Who Pays for Extracurricular Activities?

When calculating child support, Arizona Family Court typically leaves extracurricular activities up to the parents to settle. If you anticipate that paying for after-school activities will be important, you can either work to have it considered as the court sets child support payments or include it in the terms of the child custody agreement. It is important to remember that anything not expressly detailed in a court order will not be enforceable at a later time.

If you believe that you will be the recipient of child support payments, keep in mind that the costs associated with raising a child can fluctuate greatly as the child grows. Fees for high school sports, for example, can cost thousands of dollars. One way you can improve the chances of sharing the financial burden of co-parenting is to keep open channels of communication with the other parent. Let them know of additional fees that come up so they have the option to contribute.

The Duration of Child Support

Anyone who pays or receives child support should be aware of when those payments terminate, as outlined in the court order. This order will specify the conditions under which child support obligations end. Typically, child support ends when the child turns 18, which is considered the age of emancipation. However, there are exceptions to this rule.

The court order may also stipulate that if a child turns 18 but is still attending high school, child support will continue until they graduate. This means that in certain cases, a parent may be required to continue paying child support for their 18-year-old child until they finish high school, even though the child has reached the age where they are a legal adult.

It is crucial for both parents to review the court order carefully to understand the specific terms and conditions regarding the termination of child support. This knowledge helps prevent misunderstandings and ensures compliance with legal obligations.

If there are any changes in the child’s circumstances, such as dropping out of school or enrolling in a different educational program, parents should seek legal advice to understand how these changes might affect their child support obligations.

Once you believe that you are no longer required to pay child support, you may still need to petition the court to terminate the support order. For example, there are times when a disabled child may receive child support beyond the age of 18. The disability must prevent the minor from independent living to qualify for extended child support. In these situations, the courts will verify that the disability began before the child turned 18. In other situations, child support may continue as agreed well into the college years.

For help determining the longevity of your child support payments, request a consultation with our child support attorneys.

How Do I Receive Child Support?

If you are raising a child and are not married to the child’s other parent, you are both required to financially contribute to the upbringing of the child. As soon as the child is born, or as soon as you are no longer married to or reside with the child’s other parent, begin the child support process. If the other parent is not financially contributing to child-rearing, contact The Valley Law Group to help you establish child support payments through the Arizona Department of Economic Security.

According to state law, child support can be established when:

The child or children involved are under the age of 18
The parents are separated or divorced without a child support order from their divorce proceedings
The parents were never married
Paternity has been established
A caretaker or other party has custody of the child
Both parents receive proper legal notice that child support will be established.

Usually, establishing child support involves a hearing that requires the participation of both the petitioner (person seeking a child support order) and respondent (usually the parent not currently contributing to child-rearing). If the respondent fails to respond within 20 days (30 days for non-Arizona residents), a judge may order a default judgment in favor of the petitioner’s request. Child support attorneys at The Valley Law Group can guide you through this process.

Establishing Paternity

It is important to establish paternity when requesting that the court set child support. This can be done when both parents sign an Acknowledgment of Paternity. If either parent is uncooperative regarding establishing paternity, the matter may be referred to the Assistant Attorney General’s Office. A court hearing may be held to determine paternity and set a child support order.

Genetic testing may be required to confirm the identity of the father. DCSS covers the cost of genetic testing until paternity is confirmed. If the test identifies the father, the father may be responsible for the testing costs.

Fathers have the right to establish paternity before child support can be ordered. Any male who believes they are not the biological father of a child may request a paternity test be given to establish who the father is. Genetic tests can be completed via a swab or blood test.

Request help with your paternity issues from the child support and paternity attorneys at The Valley Law Group.

How Are Child Support Orders Enforced?

Child support payments, once established, are not optional. All parents must meet this obligation. Anyone who does not make timely payments may be subject to fines, jail, or contempt proceedings.

Child Support Arrears

Anyone who falls behind on child support payments can be subject to penalties even after their child turns 18. Interest can accrue at a hefty rate. Judgments do not expire. Any child support arrears will continue to accrue interest until the balance is paid in full.

The parent who is the recipient of child support should take action soon after noticing that the other parent is not making timely payments. Sometimes, the threat of legal action is enough to compel the other parent to get caught up on owed child support payments. Child custody lawyers are often hired to help parents claim back child support.

The most common way that child support arrears are addressed is through contempt proceedings. Anyone who defies a court order can be found in contempt of court, but doing so requires one parent to take legal action, often by hiring child custody lawyers. With the help of an attorney, one parent can show the court that the other parent had the means to pay but willfully did not fulfill their obligation to pay child support.

The other parent may argue that they have a legitimate reason for not paying, so be sure to consider the circumstances of your case before taking legal action. When the parent who is in default agrees to pay for missed payments, they can avoid going to jail. One outcome of contempt findings may be that the parent who is behind in child support is confined to jail until the funds are repaid in full.

In other circumstances, a judge may order confinement to jail as the punishment for failing to pay child support.

Wage Garnishment

Parents with child support arrears may face wage garnishment, where the court orders employers to withhold a portion of their paycheck each pay period. Federal law requires employers to report new hires to the state’s new-hire directory, which helps locate parents behind on payments. A national registry also assists in finding parents who move out of state. Many people are surprised to learn that tax refunds and lottery winnings of the payor may be garnished.

Can Child Support Be Enforced Across State Lines?

States have an obligation to enforce any lawful child support orders under the Uniform Child Custody Jurisdiction and Enforcement Act. Under the act and any similar laws adopted by states, the court that has continuing exclusive jurisdiction over the case can ask courts and law enforcement in other states to enforce child custody and child support orders that originated in Arizona.

If you need help pursuing the enforcement of your child support order, contact the child support attorneys at The Valley Law Group.

Child Support Modifications

There are times when it is appropriate or even necessary to modify a child support order. When one parent becomes ill or disabled, they may no longer be able to pay child support. Child support lawyers often represent clients seeking to modify child support orders. Child support can be raised or lowered, but only if there is a significant change in the income of the parent paying child support.

There are no guarantees that your modification request will be granted, but you can improve the chances of a favorable request for modification by working with an experienced family law attorney from The Valley Law Group. Our attorneys have successfully helped clients pursue critical adjustments to the amount of child support they pay or receive. Legal representation can help you get your arguments across in a manner that reflects the applicable state guidelines for child support.

Preparing to Establish Child Support

Whether you are going through a divorce or breakup with the other parent of your child or seeking parental rights for the first time, it is important to be prepared for the process.

You can start by gathering the financial documents that will be used to establish the child support amount. Tax returns are a good source for verifying income. In addition, receipts for childcare, education, and healthcare expenses can help our attorneys demonstrate what you already pay for child-rearing.

Throughout the process, stay engaged. Sometimes, fathers, for example, make the mistake of believing they have no influence on child support agreements and so do not actively participate in the process. You can increase the chances that any child support agreement is fair and benefits your child by attending hearings and remaining proactive during the process.

As the courts begin the process of setting child support, try to maintain communication with your spouse or former partner. Doing so is not always easy, especially during a contentious child custody case, but any communication lays the groundwork for long-term co-parenting.

Whether you are seeking child support or being petitioned to pay child support, working with the experienced family law attorneys at The Valley Law Group affords many benefits. Our child support lawyers can protect your rights throughout the process and ensure that the other party follows Arizona’s child support guidelines.

Do I Need an Attorney When Setting Child Support?

Family court cases can be not only emotionally fraught, but financially costly. As a result, many people naturally believe that forgoing legal representation is one way to reduce the cost of going to court. However, the long-term expenses associated with unfavorable outcomes could ultimately cost you more than you save by representing yourself.

You can enjoy these important benefits of hiring an attorney for your child support case:

Knowledge of the Law – An experienced family law attorney in Arizona understands the complexities of child support laws and guidelines. They will work to ensure that your child receives adequate support and that it is applied fairly.
Negotiation Skills – It is always ideal for parents to agree on child custody and other family court matters, since the court supports agreements between parents so long as they are in the child’s best interest. A lawyer can effectively negotiate with the other parent’s attorney, helping you reach a favorable child support agreement and avoid disputes.
Family Court Experience – An attorney will navigate the court system on your behalf, handling court filings, court procedures, and evidence so you can focus on your family.
Communication with Opposing Counsel – Child support lawyers can act as an important layer of professional communication. They can handle interactions with the other parent to keep discussions focused and less emotionally charged.
Identify Unique Circumstances – A lawyer can present your unique situation to the court, ensuring the child support order fairly addresses your child’s needs. A good attorney will always work to get their client’s side of the story out.

If you have never hired an attorney before, it is crucial to find an attorney with a focus on family law. The family law attorneys at The Valley Law Group have decades of experience handling child support, custody, divorce, and other applicable areas of law.

Arizona Child Support FAQs

How Is Child Support Payment Determined in Arizona?

Arizona’s support guidelines approximate the amount of money a parent would have spent on a child living with both parents. The “shared income” approach calculates the proportionate share of each parent’s monthly income that should be paid in child support. Typically, the non-custodial parent will pay a proportion of his or her gross monthly income to the custodial parent. The amount of child support is calculated using both parents’ gross incomes, the child’s medical expenses, work-related daycare expenses, any extraordinary expenses and the number of children residing in the home. The amount resulting from calculations performed under the guidelines is presumptively correct and may be deviated from only when necessary to avoid an inappropriate or unjust result in a particular case. Use our free Arizona Child Support Calculator to estimate child support payments in Arizona.

How Does Arizona Family Court Define Gross Income?

In Arizona, there is no limit to the number of sources from which income may be retrieved for use in calculating child support. For example, gross income includes wages, interest from investments, bank accounts and retirement accounts, capital gains, veterans’ benefits, prizes and awards, lottery and gambling winnings, insurance and workers’ compensation benefits, pensions and annuities.

Can Support Be Outlined in a Separation Agreement?

Yes, child support awards may be modified in some situations. If the agreement extended child support for a longer period than state law requires, and that was made a part of the court’s order, then a longer period of support would be enforceable. The parties may also agree to an amount above that required by state guidelines. For example, the parents may include additional support payments sufficient to provide for private schooling, college, vocational education, travel, or summer camp.

Does the Custodial Parent Always Receive Child Support?

Every parent has a legal duty to support his or her natural or adopted child. Although the custodial parent typically receives child support payments from the noncustodial parent, that is not an absolute. Although unusual, if appropriate under the unique circumstances, the judge may order the custodial parent to pay child support. Child support payments are in an amount calculated to meet the reasonable needs of the child for health, education, and maintenance, taking into consideration the incomes, child care costs, health insurance costs, and so on, of each parent.

For How Long Do Child Support Payments Continue?

The court will set a date for the termination of child support in your order. Child support lasts until the youngest child covered in the support order turns 18 or graduates from high school, whichever happens first. If that child is unlikely to complete high school on time, then child support will last until the 19th birthday or anticipated graduation date. The court can order child support to continue beyond that child’s majority, into adulthood, if the adult-child has a significant mental or physical disability that prevents him or her from living independently.

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Thank you Jon for helping me with my case and making me feel comfortable during the proceedings. I appreciate the guidance you provided and legal recommendations so that I could result in the best possible outcome for my situation. I would have been very lost without your help!

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Simply put, Ryan is outstanding! ! I’ve used his services exclusively for the last 6+ years on multiple custody and visitation cases. After having gone through three less than transparent attorneys before Ryan, it was incredibly refreshing when I found him. He’s courteous, responsive and the utmost professional. Best of all, I feel that I can trust his advice explicitly. A true rarity in this industry! Bottom line: I wouldn’t consider even having a conversation with another attorney!

Ryan did a good job especially considering I didn't have an attorney most of my divorce. I would recommend him, but get him onboard at the beginning not the end.

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