Phoenix Child Support Attorneys

Phoenix Establishment of Child Support Attorneys Protecting What Matters Most

Raising a child is expensive, and the average cost of child care and other necessities has been increasing steadily over the past few years. Finances are an area that can be especially difficult for single parents to navigate because they have less support and are trying to make everything work with one income. Child support can provide some much-needed financial relief, and the courts recognize that both parents have a responsibility to contribute to the financial support of their child.

If you are a single parent, you may need more than just child support services and not even know it. Many divorced or separated parents try to tackle the child support system on their own. It’s always smarter to talk with a lawyer to understand every option you have in child support cases.

When you call our office, find out if you should be receiving child support or if your current order is reflective of any changes in your finances. An experienced family law attorney can review your case and provide more information on your options. Our Phoenix family attorneys are here to help.

How Is Child Support Determined?

Child support calculations are complex and depend on a variety of factors, such as how much each parent makes or their earning potential if unemployed and whether they are paying for medical insurance or child care for the children. The Arizona child support guidelines use a sophisticated calculator to plug all of these relevant numbers in and determine how much one parent will pay in child support to the other parent.

Child support orders can also be modified to make the payments more or less than the standard amount determined by the calculator if there are special circumstances. For example, if one parent isn’t exercising any of their parenting time, the other parent could ask for an upward deviation. Deviations may also be made if there are extraordinary child expenses, such as if the child has special needs and requires a caregiver other than a parent.

Once a child support agreement is in place, it generally stands unless there is a request for modification by one of the parents or until the child turns 18 or graduates high school, whichever comes later.

Do You Need to Establish Paternity?

Establishing paternity is essential. A father has no legal parental rights unless paternity has been established. If necessary, a family law attorney can demand a court-ordered paternity test to prove fatherhood. It’s advisable for fathers to legally establish paternity regardless of the relationship he has with the child’s mother.

Establishing paternity legally recognizes a man as the father of the child, which ensures that he will be able to have visitation and can provide support to the child throughout his or her lifetime. If a father has established paternity, he can set up visitation and designated parenting time. A child support attorney can represent parents in these types of situations.

We help fathers establish visitation, file for joint legal custody, and set up child support payments. We advocate for both fathers and mothers to ensure the best interest of their children. For unmarried couples, providing for your child is much more than just filing for child support payments. There are many other factors, including establishing paternity, that many people fail to realize exist.

Establishing paternity and the parenting plan are often overlooked aspects of child support care. In addition to determining an adequate monthly financial payment from one parent to the other, these other factors of co-parenting can proactively address situations that often arise in the future. It’s best to have a comprehensive plan in place to provide the best care for your child.

Once paternity is established, setting up parenting time is important if both parents want to be involved in their child’s life. For unmarried parents, it can be a challenge to decide when the child spends time with one parent and when they switch and stay with the other parent. Many couples attempt to settle these situations outside of court. This may seem to work in the short term, but the future is unpredictable, and any kind of obstacle can arise. It’s in the parents’ and the child’s best interests for the parents to consult with an attorney and set up a parenting plan.

How Do You Establish Paternity in Arizona?

If the parents are married at the time the child is born or when the child was conceived, the husband is automatically presumed to be the father. In this case, paternity does not need to be established for child support purposes.

If the parents were not married, paternity can be established through a Voluntary Acknowledgement of Paternity. This is a document that is signed by both parents through the Arizona Division of Child Support Services. This document is available at the hospital and can be signed at birth, or it can be signed later on. Once this document is signed and filed, it can be used to establish legal parentage and parental rights as well as child support.

If there is any question as to who is the father of the child or either parent refuses to sign the Voluntary Acknowledgement of Paternity, paternity can be established through genetic testing. This can be done voluntarily, or the courts can order a paternity test. The resulting report can be used to establish legal parentage.

What Should You Consider When Drafting a Parenting Plan?

One of the factors used in determining if child support should be ordered and how much the payments will be is how much time the child spends with each parent. This is why it’s important to consult with an attorney when drafting a parenting plan that establishes parenting time schedules.

A parenting plan establishes a specific framework for legal custody of a child split between both parents. A strong parenting plan also includes a schedule regarding pickup and drop-off to keep the child on a consistent visitation schedule. The more consistent and predictable the parenting plan is, the easier it becomes for both parents to adhere to it. Both parents can negotiate and agree on holidays and vacation visitations, as well.

Every child has a unique lifestyle. If your child is involved in sports or extracurricular activities or has a job, the parenting plan can determine which parent will assume which responsibility to co-parent smoothly. We strive to negotiate the best possible parenting time arrangement in the best interests of the children but know it’s essential to make the plan as simple to follow for parents as possible.

What Happens If You Need a Child Support Modification?

It’s common for the child support order to need to be modified a few times as the years pass. The income of one or both parties may change, or there may be a significant change in the child’s expenses that warrants a review of the child support obligations. Either party can request a review of the child support order any time there is a “substantial or continuing change in circumstances.”

To use the simplified procedure to modify child support, there has to be a big enough change that the current child support amount would change by at least 15%. For example, if the current child support amount was $500 per month, the new amount would need to be $575 or more or $425 or less to qualify for a modification. The exception to this rule is if the purpose of the modification is to change who is assigned the responsibility to provide medical insurance for the child.

Common circumstances that may warrant a child support modification include:

Loss of income
A promotion
More mandatory overtime
Implementation of a bonus structure
Significant change in health insurance or child care costs

To request a child support modification, the requesting party must fill out and file a petition to modify child support, as well as submit a revised child support worksheet that reflects that change of circumstances and an affidavit of financial information. The other parent will be served these papers and have the opportunity to dispute the request. If a dispute is filed, the courts will schedule a hearing.

If you believe that there has been a significant change in circumstances since the child support order was originally made, our attorneys can help you understand how your child support may be affected and file for a modification, if necessary.

The Other Parent Isn’t Making Child Support Payments. What Options Do I Have?

Court-ordered child support payments must be made in accordance with the court order. If the paying parent is refusing to make the payments, enforcement measures can be pursued. If the issue is that the parent can’t afford to make the payment due to a decrease in income or other concern, they may be able to ask for a modification to lower the payments to something they can pay.

If you’re owed child support and the other parent isn’t paying, you need to consult with an attorney. In most cases, the paying parent needs to be at least 30 days behind before any action is taken. At this point, the receiving parent can file contempt against the other parent for not abiding by the court order. This starts the child support enforcement proceedings, and a court date will be scheduled for the paying parent to appear and explain why they aren’t making their payments.

Parents who don’t pay their child support can end up having their driver’s license suspended and their passport revoked. In some cases, it can even result in seizure of funds from a bank account, a lien on property, or even jail time. Once the parent begins paying again, they may also have to pay additional payments to catch up on the back child support.

The state of Arizona also has the Child Support Evader program. This program publicizes the information for the parent responsible for the payments to attempt to get tips from the public on where they may be to enforce the order. To qualify, the paying parent must have a past-due balance that is equal to or more than one year’s worth of payments and at least $5,000. They must also not have made any payments in the past 6 months and cannot receive welfare or have filed bankruptcy. The Child Support Evader program is specifically for parents who have no currently known location.

What Steps Should I Take as a Single Parent to Ensure the Best Interest of My Child?

Providing for your child financially is an important part of ensuring they have the support and care they need as they grow up. Child support can play a major role in helping you make ends meet, but it’s not always easy to know what to expect or how to get or enforce a child support order. These steps — along with working with an experienced family law attorney — can help you get started.

Understand Your Rights

Parents have certain automatic rights when it comes to their children. They have the right to have a relationship with their children and to see them on a regular basis, unless there is a compelling reason otherwise that poses a threat to the child. Parents are also expected to provide for their children physically, emotionally, and financially.
Parents who were never married have the same rights and responsibilities regarding custody and childcare as those who were, as long as paternity has been established. Mothers have automatic parental rights at birth, but fathers only have parental rights after paternity is established. If the parents are married, paternity is automatically assumed. If the parents aren’t married, the father does not have any automatic parental rights until paternity is established legally through the court system. Arizona Family Law Attorneys can help establish paternity if you are not legally married to the father of your child.

If you’re not sure what your rights are or need help establishing paternity to be able to receive child support, call our office today to speak to an attorney.

Document Everything

Whether you’re considering divorce, seeking the establishment of a new child support order, or trying to get an existing order enforced, documentation is key. Write down notes for every interaction you have with child support officials, including who you spoke to, the date and time, and what was discussed. Keep your receipts for any expenses related to the children, especially child care and health insurance premiums, as these are taken into consideration when determining how much child support should be.

It can even help to document anything that shows the financial status of the other parent. For example, if they are claiming that they don’t have enough money to pay child support but are posting pictures from lavish vacations on social media, this can be used in court to show that they may not be being honest about their financial means.

Follow the Law

Any time you’re dealing with child custody or support, it’s important to follow all of the rules for your state, including whatever is in your court order. If you are ordered to pay child support, you must make your payments or contact Child Support Services to request a review and modification. Some court orders will also stipulate how the parents should pay for certain extracurricular activities, medical expenses, or child care. These payments should be made on time to avoid any disruption in the child’s routine and care.

Remember That Your Children’s Needs Are the Most Important Factor

Being a single parent means you’re wearing a lot of hats and faced with difficult decisions on a near-daily basis. It can be difficult to know what you should do or how you should handle certain situations. Whether you’re trying to decide if you want to pursue child support payments or how to respond to an ex’s message, it can help to ask yourself, “What’s in the best interests of my children?” No parent is going to get it right 100 percent of the time, but keeping your children’s needs and interests as the most important factor can help you make solid decisions as you move forward.

Can We Make Things Easier for Your Family?

We help families in Phoenix, Arizona, reach the most efficient means of child support — financially, emotionally, and physically. At our law firm, your child’s needs always come first. We work hard to ensure that every resolution is fair and practical and works in the best interest of your family. As child support lawyers, we’re skilled in reaching agreements through negotiation and mediation.

If you and your co-parent cannot reach an amicable decision, we can advocate on your behalf in the county and provide legal services that support your stance. We have flexible appointment times and have offices throughout the Phoenix region. Call us at 480-448-0608 and let us help you. You don’t have to do it alone.