Child support in Arizona is designed to guarantee that both parents continue to support their children, even after separation or divorce. Financial support of children in this state is crucial, and child support is not optional; it is mandatory. At Harper Easterling, we are here to help when you need an Arizona child support lawyer by your side. We have the resources necessary to handle every aspect of your child support case as well as any other family law matters.
In Arizona, child support guidelines follow the Income Shares Model. This takes the income of both parents into consideration. The purpose of the Income Shares Model is to approximate how much money each parent would have spent on their children if the parents were still living together. Each parent is required to share their obligation for support in proportionate to his or her share of income.
Under state law, the family court system is responsible for determining child support amounts, and this determination is a multi-step process. Typically, the total child support payments will be calculated by using a computer-based system called the Child Support Worksheet. However, there are circumstances where it may be necessary for a judge to alter the computer assessment.
Under the income shares model, there are various types of information that will be gathered, beginning with the income of both parents. The calculations will begin with examining how much it costs to raise a child in a particular jurisdiction, which varies from place to place around the country. However, the basic needs of a child must be met, regardless of where the parents and child reside.
Deviation from the Income Shares Model calculation is not common, but it can happen at the request of either parent, if both parents agree, or at the discretion of the court. However, before granting a child support obligation deviation in Arizona, the court must find that the deviation against the Model is appropriate or that the Model calculates an unjust figure. Additionally, the court will take the best interests of the child into consideration.
Parents must continue to pay child support in Arizona until a child reaches the age of 18. If the child does not finish high school during their 18th year, then child support will continue until the child graduate or until they turn 19, whichever date comes first.
Arizona law allows for child support payments to continue for a disabled adult child beyond the age of 18, but only in certain circumstances. Payments can continue for a special needs child if:
However, additional child support payments will not necessarily be automatic, even under those circumstances. The court can also consider whether or not the parent or child already receives assistance for the disability, including Social Security Disability Insurance (SSDI) or other state and federal assistance. These payments can reduce or eliminate the need for a continuation of child support payments.
If you think you should continue receiving child support payments for your child with a disability, please reach out to an Arizona family law attorney as soon as possible. Modifying child support payments may be possible, but only by working through the court system.
Child support is a court order in Arizona. Failing to pay child support will be considered a violation of a court order and can carry severe penalties. Child support enforcement falls to the family court system, but the courts can involve law enforcement if necessary.
Regardless of the circumstances child support obligations do not terminate without payment. A non-paying parent will be obligated to continue paying the amount owed to the other parent after the child turns 18. Past due child support is subject to interest, which accumulates quickly.
In Arizona, the court can order that the non-paying parent’s income be garnished in order to recover payments. The non-paying parent’s employer will be notified, and they will be required to start withholding up to 50% of the parent’s wages. Child support payments take precedence over other legal processes involving income, with the exception of a federal tax levy. Withholding of wages will continue until the Division of Child Support Services (DCSS) notifies the employer they can resume regular payments.
Modifications of child support payments in Arizona cannot occur without going through the court system. If you believe the needs of the child are not being met by the current child support, or if you think any of the factors originally considered to calculate child support have changed, you can petition the court to recalculate. There are various reasons why it may be necessary to adjust court-ordered child support payments in Arizona, including:
If a parent believes child support payments should be changed, they should consult with an attorney to about the modification process. Even if both parents agree to make changes to the child support payment amount, it is important not to make any changes unless the court order has officially been changed. A lawyer can review the desired modifications and help with filing the petition to the family court.
If you are going through a divorce or separation and have questions about child support in Arizona, you can count on Harper Easterling to help. We have extensive experience handling family law issues throughout this state, and we will stand by your side to ensure you are treated fairly throughout the child support calculation process and through any child support modifications. Our law firm will walk you through this, so you have a thorough understanding of your child support obligation. Our team is available to help throughout the state, including in Phoenix, Tucson, Avondale, Scottsdale, Mesa, Peoria, and elsewhere.
Steph handled a dissolution with children for my daughter. It was such a stressful time for my daughter along with her dad and I. Steph and her staff were extremely professional, knowledgeable and explained each phase along the way. Steph and her staff were also very understanding with the emotional side of a case like this. They were kind and never judge mental. I would highly recommend Steph and her staff for any family law case.
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I am very thankful for the services I received from Stephanie Harper Easterling. She coached and guided me at the end of my very complicated long divorce case when I was scared, lost, and had no idea what I was doing. I had limited funds to hire an attorney, but I was able to use limited scope services and hired Stephanie for only what I was unsure about while representing myself in my divorce case. Stephanie was extremely prompt in getting back to every time I had a question for her and she assisted me with my pretrial statement; saving me money as I completed it at the best of my knowledge and had her edit and modify it as needed. When I was unsure of something and needed more information she provided what I needed to help me understand. Thanks to Stephanies professional, prompt, and excellent service, the judge granted every exhibit I submitted and I was very very happy with the end results of my divorce case. I could not have done it without the help of Stephanie!
We worked with Stephanie on the creation of a prenup agreement. She came as a recommendation to us, and we were incredibly pleased with both the final product and the ease of working with her. We would definitely use her again.
Stephanie is certainly a 5-star attorney. I am most impressed with her pragmatic and common sense approach to managing her client’s/my case issues. She did not waste my time with making idol promises nor was she arrogantly dismissive of my concerns. She does however provide me with the tools and understanding of why a tactic(s) may or may not work. I appreciate her creativity, humility, understanding of the law and her straight forward approach to working with me and my family.
I was ordered to pay my exwife spousal maintenance for an indefinite time. When my exwife (who never worked) was approaching her 62nd birthday I contacted her and requested that she should consider putting in paperwork to start receiving Social Security. My exwife was also eligible to receive half of my pension. With the pension and the Social Security she would be receiving more than I was giving her via spousal maintenance. My hope was with that in place I could stop paying her the spousal maintenance and start planning better for my retirement. She said no. I then hired Stephanie. With her help we were able to convince the judge to require my exwife to do as I had requested. Stephanie was also able to recover some of my attorney fees from my exwife. Stephanie was easy to work with. Her paralegal was also a joy to work with. We did a lot of our communcating through email. I always got very timely responses.
Stephanie was not the first lawyer assigned to my case but she turned out to be a real gem. I was feeling a bit passed around, but as time went on, realized that the lawyers and paralegals at this firm all have each other’s backs and I was in good hands all along. When the going got tough and the opposition was coming on strong ,being very rude and using scare tactics, Stephanie did not budge or flinch and assured me the law was on our side, which gave me the strength not to buckle. She listened to exactly what I wanted and when she wrote our proposals or responses they were precise, to the point and impressive. We successfully settled out of court for more than I expected and I attribute this to Stephanie’s demeanor, her team, and ability not to swayed by bullying tactics. Everyone at this firm is very professional and on top of their game. She is working with a friend of mine right now and he is as equally impressed.
I would tell all of my friends and family about Stephanie for their legal matters and trust that they are in good hands. She is friendly as well as knowledgable and made me feel like she truly understands what I am going through. She has a kind approach that didn’t make me feel intimidated as a first time client but also a firmness that gave me assurance that she will fight for my rights. Thank you for all of your help Stephanie 🙂
Stephanie was an excellent attorney and I would recommend her to anyone. She was very logical, rational, and supportive of my situation. She was personable and very easy-going, knowing that I was dealing with so much stress through all of this. Even though I overwhelmed her with paperwork because my case on my ex was so huge she was able to organize our case and make sure we presented the proper facts relevant to the case without having to “smear” her in court. She was always concerned with what was in my best interest and the best interest of my daughter. She will be my attorney of record for the rest of my daughter’s youth.
