As a general rule no, past due support cannot be modified in Arizona. Any amount that may have accrued as past due support (child support arrearages) before the date of filing the motion to modify child support, cannot be modified. Child support amounts ordered by the court are due on the date ordered, and if unpaid, are considered arrearages, which accrue interest at the current statutory rate. Any currently existing unpaid balance due plus interest cannot be modified. If you have further questions about past due child support in mesa az, AZ family law attorney Tim Durkin can assist you [...]
Archive for April, 2011
There are many factors that the courts in Arizona may consider when determining child support modification, and whether or not a change is “substantial and continuing,” such as: A raise or cut in either parents salary or other regular income; A change in the custody of a child or change in parenting time; 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; [...]
Yes, you can represent yourself in a proceeding to modify child support in Arizona. It is not required that you have an attorney to represent you. However, keep in mind that if you do represent yourself, you must follow the same rules and procedures as attorneys. This means that all legal forms must be in the proper order and filed on time. While a judge, clerk or court staff member can explain the process to you, they are not permitted to give you any legal advice. Therefore, if you have legal questions about your rights or responsibilities, AZ family law [...]
In some instances, the parent filing for a modification may not know the actual income of the other parent. If this is the case, the filing parent should indicate that the amount reported for the other parent has been estimated. A parent has the right to request income verification from the other parent’s employer, to request their updated affidavit of financial information, copies of recent pay stubs, and tax returns. In some instances it may require subpoenaing the other parent’s bank account information. If you are in need of assistance, AZ family law attorney Tim Durkin and his dedicated team [...]
Losing a job, taking a pay cut, or encountering unforeseen medical expenses are all appropriate reasons for parents to petition the court for a child support modification, if the modification will result in a 15% change to the existing support order. Former spouses who experience changes in their personal lives have a responsibility to make sure the court is aware of their current income or life situation. Parents often feel overwhelmed when their support orders do not reflect the actual and current circumstances in their life. They should therefore make the court aware of those circumstances and request a modification [...]
Parents can ask the court to modify a child support order in Arizona at any time; however the court will modify the support order only on a showing of a substantial and continuing change of circumstances. Modifying a court order is best facilitated under the advisement of a family law attorney. To learn more about the child support modification process, contact AZ family law attorney Tim Durkin at 480.779.7972 to schedule a consultation.
The child support modification process in Arizona involves a series of steps taken to legally change the amount of child support paid. Under Arizona law, only the court can legally modify or change the amount of child support paid or received. However, Arizona law allows parents to petition the court to request a modification of the amount of child support paid or received under a prior court order. In addition, if both parents agree to the modification, they may file a joint stipulation to modify support, which the court will then adopt if the change is in the best interests [...]
The disadvantages of filing for a legal separation in Arizona generally depend upon the situation. First of all, if you and/or your spouse think that the marriage will eventually end, it could be a waste of time and resources to file for legal a separation. Remember, you cannot force the other party into a legal separation if they do not want one. Even if both parties want to be legally separated, if one of the spouses decides down the road that they want a divorce, they will have to endure the entire process and fill out additional paperwork all over [...]
An Arizona family law attorney can make a substantial difference when it comes to finalizing all of the details involved in a divorce. Most importantly, an experienced divorce attorney can be the difference between a favorable and unfavorable result regarding issues such as: Child custody; Child support; Division of Assets; Father’s rights; Visitation and parenting time; Modifications of divorce decree; Modification of child custody or support order, and; Whether or not spousal maintenance is awarded, and if so, how much; Uncontested or contested divorce. If you and your spouse cannot agree on any of the aforementioned issues, a divorce attorney [...]
One reason why some couples choose legal separation instead of divorce is to maintain eligibility for benefits which only married couples can receive. For instance, a legal separation may allow spouses to remain on the same health insurance policies. If one of the parties is in poor health or injured, the only medical insurance available to them may be through the other party’s medical insurance plan. Generally, employer health insurance plans do not extend coverage services to non-family members. Accordingly, the parties may elect to be legally separated but remain married. Another reason why some couples may choose to be [...]
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