Dealing with child support can be stressful and confusing. At Genesis Family Law and Divorce Lawyers, our Scottsdale child support attorney is here to help you navigate this critical aspect of family law. We understand the importance of securing the financial support necessary for your child's well-being.
Our Scottsdale, AZ, law firm handles child support cases precisely and carefully. Whether you want to establish a new child support order or need help with an existing one, our experienced child support attorney is ready to advocate for your rights.
If you have questions about child support based on who should pay child support, our Scottsdale child support lawyers are here to help. Learn more about the child support process below. Then, contact our Scottsdale child support attorneys to schedule a free consultation.
Our Scottsdale Child Support Attorney Advocates for You
Our Scottsdale child support attorney works tirelessly to protect your interests and those of your children. We understand that your children's needs are paramount, and securing adequate financial support is important for their growth and development.
Our child support lawyer always takes the time to understand your situation and crafts strategies to achieve the best possible outcomes. We are here to make the process as smooth and stress-free as possible.
Legal Definition and Purpose of Child Support
Child support is the financial support paid by one parent to the other for the expenses associated with raising their child. It is designed to assist parents in covering their child's basic needs, including food, shelter, education, and healthcare.
The primary goal of child support is to minimize the economic impact on the child due to the parents' separation or divorce. This support ensures that the child's standard of living remains stable.
The amount of child support is determined based on various factors, including the parent's income and the child's needs. Arizona law aims to make these determinations fair and consistent, using established child support guidelines.
These guidelines help ensure that the child support provided is adequate to meet the child's needs, considering the parent's financial abilities to owe child support amount. Our Scottsdale child support attorney can help you understand how these guidelines apply to your situation.
These guidelines consider the incomes of paying parents or both parents, the amount of time the child spends with each parent, and other necessary expenses like health insurance and educational costs. The goal is to provide a standard calculation that reflects the child's needs and the parent's financial capabilities.
Our Scottsdale child support attorney is well-versed in these guidelines and can help you understand how they might affect your case. We ensure that all relevant financial information is accurately represented for fair calculation.
If you have any concerns about how the guidelines are applied or if special circumstances might affect your child's support, we are here to address them and advocate on your child's behalf.
Calculating Child Support
Calculating child support can be complex, involving many financial details about both parents. Our Scottsdale child support attorney helps you gather the necessary financial documents and input them into the Arizona child support calculator. This ensures that the amount of child support calculated is fair and accurate. We consider all factors to protect your financial interests and your child's well-being.
Factors Used in the Child Support Formula
Income of both parents. The incomes of both parents are the starting point for calculating child support. We ensure that all sources of income, including wages, bonuses, and other earnings, are considered.
Custodial time. The time each parent spends with the child impacts the child support calculation. More time with the child may reduce the support required from that parent.
Healthcare and insurance costs. The costs of healthcare and insurance for the child are added to the basic support calculation. We help you document these costs accurately to ensure they are included in the support amount.
Educational expenses. If the child has special educational needs or attends private school, these costs can also be included in the child support calculation.
Age of the child. Children's needs change as they grow, and the child support formula can adjust for these changes in cost, especially as children enter their teenage years.
Common Expenses Included in Child Support
Basic necessities. Child support covers essentials like food, clothing, and housing. These are fundamental needs that child support payments typically prioritize.
Medical care. Uncovered medical expenses, such as co-pays, prescriptions, and dental care, are also included in child support calculations.
Education costs. School fees, books, and supplies are accounted for, especially when they represent substantial expenses.
Childcare. Costs associated with daycare or babysitting are included if necessary for the custodial parent to work or receive education.
Transportation. The costs of transporting the child between homes, school, and extracurricular activities can be factored into child support.
Extracurricular activities. Fees for sports, music lessons, and other activities can be included if they are part of the child's routine expenses.
College expenses. Child support can be extended to cover college expenses in some cases, though this is less common and usually agreed upon separately.
Steps in Filing for Child Support
Determine eligibility. Check if you are eligible to file for child support in your state. This usually depends on your custodial status and the child's primary residence.
Collect financial documents. Gather financial documentation for both parents, including tax returns, pay stubs, and other relevant financial information.
Contact a child support attorney. Hiring an experienced child support attorney can guide you through the process and ensure that all legal steps are properly handled.
File a petition. You or your attorney must file a petition for child support with the local family court, which will start the legal process.
Serve the other parent. The other parent must be legally notified of the child support case, typically through formal service of the documents.
Negotiate a settlement. If possible, you and the other parent may try to reach an agreement on child support payments outside of court.
Attend court. If a settlement is impossible, you must attend a court hearing where a judge will decide on the child support amount.
Finalize the order. Once a judge decides, the child support order will be finalized, and both parents will be legally bound to follow it.
Modifying Child Support Orders
Circumstances change, and sometimes, the original child support order needs to be updated. Whether it's due to a job loss, a change in custody, or another major life event, modifications can be made to reflect these changes.
Our Scottsdale child support attorney can help you file for a modification to your child support determined to ensure the support amount remains fair and appropriate.
Reasons for Modification (Change in Income, Custodial Changes)
Substantial change in income. If a parent loses a job or experiences a substantial decrease or increase in income, this can be grounds for modifying child support.
Change in custody. The child support amount may be affected if the custody arrangement changes substantially, such as one parent taking on more custodial responsibilities.
Medical emergencies. Unexpected medical emergencies or long-term health issues can alter a parent's financial situation or the child's needs, requiring adjustments to the support provided.
Changes in the child's needs. As children grow, their needs can change substantially. Increases in educational expenses or extracurricular activities might warrant modifying the support order.
Cost of living adjustments. Sometimes, the cost of living increases considerably, affecting the custodial parent's ability to support the child on the current amount. This can also be a reason for modifying child support.
The Process for Requesting a Child Support Modification
Document the change. Collect evidence of the change in circumstances, such as pay stubs showing a new income level or custody documents showing a change in living arrangements.
Consult your attorney. Speak with your child support attorney to discuss your options and the best approach to filing for a modification.
Prepare the modification request. Your attorney will help you prepare the necessary paperwork to request the modification formally.
File the request. Submit the modification request to the court that issued the original child support order.
Serve the other parent. Notify the other parent of the modification request, giving them a chance to respond.
Attend a hearing. If necessary, attend a court hearing to present your case for modification. The judge will consider the evidence and make a decision.
Receive the new order. A new child support order will be issued if the judge approves the modification. Both parents must adhere to this updated order.
Implement the new order. Follow the new terms specified in the updated child support order to ensure compliance and avoid legal complications.
Enforcement of Child Support
Enforcing a child support order is essential when a parent fails to make the agreed-upon payments.
Our Scottsdale child support attorney has extensive experience in child support enforcement and can take the necessary legal action to ensure compliance with court orders. We use various enforcement methods, including wage garnishment, to secure the payments your child deserves.
If you're facing difficulties with child support issues or a parent is not paying child support, do not hesitate to contact us. We understand the frustration and financial strain this can cause. Our firm is dedicated to helping you resolve these issues efficiently and effectively, ensuring your child's needs are met.
Obstacles in Child Support Cases
Non-compliance by the other parent. One of the most common obstacles is when the other parent fails to make their scheduled child support payments. This can severely impact the custodial parent's ability to meet the child's needs.
Inaccurate reporting of income. Sometimes, a parent may underreport their income to reduce child support payments. Our attorneys are skilled in uncovering the truth and ensuring the support calculation is based on accurate information.
Interstate child support issues. Enforcing child support can become more complicated when parents live in different states. Different state laws and jurisdictions can make the process challenging.
Disagreements over expenses. Disputes often arise over what should be included in child support payments, especially regarding medical expenses, educational costs, and extracurricular activities. We help mediate these disputes to reach a fair agreement.
Modification disputes. Sometimes, when a request for child support modification is filed, the other parent may disagree with the need for change. These disputes can delay the modification process and require detailed negotiation and legal intervention.
Does Child Support End?
Child support does not last forever. It typically ends when the child reaches the age of majority, which is 18 in most states. However, exceptions exist, such as if the child has special needs or is still in high school at 18. In these cases, the child support obligation may continue until the child graduates or reaches a certain age.
In some situations, child support can also end if the parent paying the child becomes legally emancipated, gets married, or joins the military.
It's important to understand the specific rules in your state regarding when child support obligations officially end. Our Scottsdale child support attorney can provide this information and help you plan accordingly.
Call Our Scottsdale Child Support Attorney for a Free Consultation
If you're dealing with child support legal custody issues, don't go through it alone. Call Genesis Family Law and Divorce Lawyers today for a free consultation with our Scottsdale child support attorney.
We are committed to providing the information, financial assistance, and support you need to make informed decisions about your child support case. Let us help you achieve the best possible outcome for your family. Contact us today to take the first step toward resolving your child support issues.
Genesis Family Law and Divorce Lawyers in Scottsdale, AZ, is a family law attorney located at 7825 E. Gelding Dr. Suite 102, Scottsdale, AZ 85260. Our Scottsdale 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.
