When a couple with a minor child(ren) files for dissolution or divorce, the child’s needs must be addressed; specifically, child support. Arizona’s Child Support Guidelines consider both parents’ income, the amount of time each parent spends with the child, and other factors. The Guidelines are designed to meet the child’s needs in the same standard as if the family lived together.
It is important to note that the Guidelines are simply that: guidelines. Family law courts are courts of equity, which means they are not bound by statutes and have flexibility to ensure fairness. The court is guided by the best interests of the child.
Please contact one of the Thomas Law Firm’s Phoenix custody lawyers to discuss how the Arizona Child Support Guidelines apply to your case.
UNDERSTANDING CHILD SUPPORT
When Petitioner (the filing party) files with the court a Summons and Petition for Dissolution of Marriage to obtain a divorce, he or she may seek a temporary child support order at that time. Respondent (the other party) may also seek child support by filing a Response to the Petition and requesting it. The court will issue a temporary support order that will remain in place until the court issues a final order.
Once the court issues a child support order, support can be modified up or down in the future if either party has a substantial change in circumstances, such as a significant increase in income.
The parent with primary physical custody is the custodial parent; the noncustodial parent generally pays child support to the custodial parent. That is not always the case, however, as the court has flexibility in determining child support.
Depending on the individual circumstances of each unique case, it may be necessary to conduct discovery to accurately determine each spouse’s income, which includes depositions, written questions called interrogatories, and document production.
WHAT ARE THE CONSEQUENCES OF NOT PAYING CHILD SUPPORT?
Even if you feel it is grossly unfair and undeserved, if the court orders you to pay child support, it is in your best interest to do so. The law looks harshly on spouses who do not fulfill their court-obligated obligations to their children. To understand the consequences you may face, review this brief video.
RETAINING A PHOENIX CUSTODY ATTORNEY FOR CHILD SUPPORT ISSUES
Ronald V. Thomas has successfully represented husbands and wives in various aspects of child support, ranging from modifications to enforcement. If you are faced with any child support issues, you should retain a knowledgeable and experienced Phoenix custody lawyer such as Mr. Thomas to achieve a successful resolution to your child support case.