As Child Support Attorneys in Gilbert Arizona, we know that one of the most important issues facing divorcing spouses is the issue of child support. Most people think of child support as the amount of money one parent pays to the other parent to help financially support the children, but this is only part of the equation. Parents have a legal obligation to financially support their children and an obligation to provide for their children’s emotional, physical and psychological needs.
Child support in Gilbert AZ is determined using Arizona’s Child Support Guidelines. The Guidelines provide a framework for determining a monthly monetary obligation that one parent pays to the other to ease the financial burden associated with caring for the children. There are several factors that are considered in determining who pays child support and how much. However, the two factors that most heavily influence the amount of child support that is to be paid are the income of the parties and the amount of parenting time each parent has.
When we meet with our clients as their child support attorneys in Gilbert AZ, the first step in calculating child support is to determine each parent’s income. This is typically determined by both parties filling out an Affidavit of Financial Information (AFI). The AFI requires each parent to provide full disclosure of his or her income, expenses, and other financial obligations. Each parent is required to provide current pay stubs, W-2s, and tax information, where applicable. The AFI becomes the basis for determining each parent’s income for purposes of calculating child support. You and your spouse should include income from the following sources:
Keep in mind that this is not an exhaustive list, so consult your family law attorney to learn what income sources will need to be included.
Before the amount of the child support obligation can be determined, it is also necessary to determine how much parenting time each parent will have with the children. This can be decided by the parents through an agreement or by the court if the matter proceeds to trial. If one parent exercises more parenting time than the other, the more the other parent will typically have to pay in child support. Other factors, such as costs of insurance and daycare also influence the amount of child support under the Gilbert Arizona guidelines.
Once the amount of the obligation is determined the child support order is entered by the judge obligating one parent to pay the other monthly support. The parent obligated to pay child support has the responsibility to make sure he or she is making the payment each and every month. The court order will require that all child support payments be made through the Support Clearinghouse through Automatic Wage Assignment, meaning that the paying parent’s wages will be garnished by the Clearinghouse to make sure the support is paid. The parent receiving child support will receive his or her support payments directly from the Support Clearinghouse. This assures that the obligation is getting paid regularly each month and that the parent receiving child support is getting paid as required by the court order. Any payment not made through the Clearinghouse can be considered a gift and the paying parent may not get credit for that payment. Failure to make regular and consistent child support payments will result in a child support arrearage that will accrue interest.
At Genesis Family Law and Divorce Lawyers in Gilbert AZ, we understand how important and stressful the issue of child support can be. We are committed to pursuing practical and effective solutions for our clients facing child support issues. We ensure our clients understand the child support process in Gilbert Arizona and we passionately assist them in protecting what is most important to them. You need an attorney in Scottsdale we recommend you contact our friends who are rated among the best divorce lawyers in Scottsdale AZ.
As child support attorneys in Arizona, we tell parents to have a legal obligation for the payment of uncovered medical expenses for their children. This includes co-pays, prescriptions, and any other medical, dental, and/or vision costs as a result of medically necessary treatment or procedure. These expenses are not included in the child support calculation but are left to the parents to negotiate, or if they are unable or unwilling to agree, the court will decide for them. The Gilbert Arizona Guidelines do not indicate that uncovered medical expenses must be divided according to parents’ incomes but instead are divided by the court in the best interest of the children.
Parents also share an obligation for childcare for their children. The court will consider the federal child care tax for which the custodial parent is eligible when determining the obligation of each parent paying for childcare expenses. Childcare expenses must be reasonable considering the parents’ financial situations.
The guidelines for child support in Arizona reflect the needs of most children. However, couples with handicapped or gifted children may petition the court to increase the basic support obligation based on the needs of their exceptional children.
The legal team at Genesis Family Law and Divorce Lawyers understands how important and stressful the issue of child support can be. We are committed to pursuing practical and effective solutions for our clients facing child support issues. Our legal team will make sure you understand the child support process in Arizona and will passionately and compassionately make sure your most important asset, your children, are being protected. Contact us today for a consultation with one of our Genesis Family Law and Divorce Lawyers in Gilbert AZ Arizona Child Support attorneys.
We’re open: Monday – Friday 9 am – 5 pm
Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.
Genesis Family Law and Divorce Lawyers in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
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