Arizona Child Support FAQS
These Frequently Asked Questions are intended as a general guide to issues within the court system of the State of Arizona. Laws in other states may vary—consult your personal attorney or Hildebrand Law for more information regarding any of these topics.
What is included in a child support order?
A child support order is an official court document that establishes that one parent must pay the other parent for the support of the parents' children. A child support order, however, also may contain orders pertaining to a parent's payment of health insurance, day care expenses, extraordinary expenses incurred for a gifted or handicapped child, certain educational expenses, and uninsured medical expenses.
What is a wage assignment?
A wage assignment is an order requiring a parent's employer to deduct that parent's child support obligation directly from his or her paycheck and then to send that payment to the Support Payment Clearinghouse. The court is required by Arizona law to order support payments to be paid through a wage assignment unless both parties agree otherwise.
How do I modify an existing child support order?
Arizona law provides two methods for a parent to modify an existing child support order:
- The Standard Procedure can be used if either parent or the state child support agency can demonstrate the existence of a "substantial and continuing" change in circumstances since the last child support order was made. The Standard Procedure is accomplished by filing a petition to modify child support and requires a hearing to be scheduled to recalculate child support.
- The "Simplified Procedure" can be used if the amount would increase or decrease by 15% from the existing amount. A change of 15% is assumed to be proof that the change is "substantial and continuing." The Simplified Procedure is accomplished by filing a Simplified Petition for Modification of Child Support and results in the issuance of an automatic order modifying child support if the other party fails to file an objection and request for hearing within the time specified in the rules.
How do I use the Standard Procedure?
You may use the standard procedure to modify child support by filing a written petition with the court requesting a modification of child support if you are able to allege that a substantial and continuing change in circumstances has occurred since the date the prior child support order was entered by the court. A substantial and continuing change in circumstances is presumed to exist when the proposed change results in a modification of at least 15% from the existing child support order. Most child support modifications result from changes to the following factors:
- A raise or cut in the salary or other regular income of either parent
- A change in the custody of a child
- Addition of health insurance or a change in the availability of health insurance coverage
- Obligation of either parent to support other children
- Additional unexpected medical or educational expenses
- Additional expenses for special needs of gifted or handicapped children
- Additional expenses for court-ordered supervised visitation or supervised exchanges
- Increased cost in caring for the children
What if a parent fails to pay his or her court-ordered child support payments?
Child support obligations are typically enforced by a parent filing a petition to hold the non-paying parent in contempt of court. A parent will be held in contempt of court if the parent had knowledge of the court's support order, had the ability to pay the child support, and willfully and intentionally refused to do so. Unlike other obligations, a judge is allowed to send a parent to jail if the court finds the parent in contempt of court for not paying his or her child support.
The court may also issue other sanctions such as suspending the driver's license and professional license of a parent who is found to be in contempt of the court's support orders. The court, however, must also enter an order for a lump sum amount the parent can pay to secure his or her immediate release from jail which is referred to as a purge amount. The purge amount must be an amount the parent is capable of paying.
Child support disputes can easily become difficult to manage when bad feelings exist between the parents involved. The best way to resolve issues involving child support is to have an experienced family law attorney "in your corner" as your situation—and your former spouse's situation—changes.
Contact us now at 480-305-8300 to schedule your consultation with attorney Christopher S. Hildebrand today. We are conveniently located near the U.S. 60 and 101 freeways at 1980 East Baseline Road, Ste. 103, Tempe, Arizona 85283.
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