Arizona Family Law

Arizona Child Support Agreements

jacksonwhite — Tue, 13 Mar 2012 21:00:23 +0000

It’s not easy to find the ‘magic’ dollar amount of child support that makes both divorcing spouses happy. In most Arizona divorce cases, the parent with primary child custody feels short-changed on child support payments. At the other end of the spectrum, it is common for the noncustodial parent to feel as though they are constantly being hounded for more and more money. This constant struggle can lead to feelings of resentment and anger – two emotions that can prevent spouses from achieving the fresh start that they deserve.

To try and eliminate as much conflict over child support payments as possible, it’s important for divorcing spouses to first understand the different elements that go into Arizona child support arrangements, such as:

- The child’s necessities;

- The capacity of each parent to pay child support;

- The ability and earnings of each parent; and

- The time that each parent spends with the child.

When each of these factors is thoroughly assessed by a Phoenix family law attorney, spouses can find it much easier to stick to the terms of their child support agreement. Divorcing spouses that cannot come up with a child support arrangement on their own will be forced to let a judge make the decision for them. This can lead to more conflict and stress down the road if one parent does not follow through on their end of the deal. Furthermore, parties to a divorce are much more likely to stick to the terms of their child support payments when they are involved in the decision making process. By utilizing the services of a Phoenix divorce mediation attorney or a Phoenix family law attorney with child support agreement experience, divorcing spouses can lessen the burdens associate with the dissolution process.

If you need assistance with an Arizona divorce or child support agreement in the Phoenix metro area, contact Tim Durkin, JacksonWhite’s experienced family law attorney. Tim offers free, confidential family law consultations, and can help you understand Arizona child support laws. Contact Tim today at 480.464.1111.

Trouble Paying Child Support, T.O. Files for Modification

jacksonwhite — Mon, 31 Oct 2011 21:00:07 +0000

Terrell Owens Files for a Modification of His Court Ordered Child Support

When you’re down on your luck and out of a job, it can be very stressful if you also have to worry about making monthly child support payments. Anyone can experience financial difficulties when their monthly income takes a dive, even sports stars. Just ask former Cincinnati Bengals Wide Receiver Terrell Owens about his child support payment issues. Earlier today, CBSsports.com reported that Owens has asked a judge to consider lowering the amount of his child support payments since he’s jobless and isn’t bringing in as much money as he once was.

Currently a free agent in the 2011-2012 NFL season, Owens’ financial state has gone downhill from when the terms of his child support were first created. So as a result of his money troubles, Owens filed for a child support modification in an effort to make his payments more manageable. Then on Oct. 24, Owens failed to appear in court for a child support modification hearing, which means that the entire process could continue to drag on for some time. It’s unfortunate and sad when parents can’t afford their monthly child support payments, but it can be even worse if they miss court dates. This prolongs the entire process and causes more grief for everyone involved.

Owens’ situation shows just how critical it is for parents to keep the court updated on their current financial status in order to avoid some of the messy problems related to child support. It’s never a good idea to stop paying child support because, in the end, it’s the child who usually suffers the most. Owens made a great move in filing for the modification, but missing his court date wasn’t such a great idea.

I hope that Owens can get his finances back on tract, as issues related to child support can be emotionally draining and complicated. I also encourage anyone who can no longer afford their child support payments to contact a family law attorney right away. An attorney can work to get you the help you need and guide you through the child support modification process. For more information, or to schedule a FREE consultation with myself, Mesa child support attorney Timothy Durkin, please feel free to contact my office directly at (480)-464-1111.

Can I modify past due child support?

jacksonwhite — Fri, 29 Apr 2011 15:00:20 +0000

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 during a confidential consultation. Call 480.779.7972.

I Don’t Know the Other Parent’s Income – How Do I File a Child Support Modification?

jacksonwhite — Tue, 26 Apr 2011 19:00:45 +0000

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 can help guide you through the child modification process. To schedule a consultation with Tim, call 480.779.7972.

I Lost My Job – Can I Modify my Child Support Order in Arizona?

jacksonwhite — Tue, 26 Apr 2011 15:00:24 +0000

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 to alleviate the stress of an outdated support order.

Because a support order remains in effect as written unless it is modified by a subsequent court order, parents should consider contacting a family law attorney that can help them through the modification process. If you have questions or concerns about the child support modification process, Mesa family law attorney Timothy Durkin can help. Call 480.779.7972 to schedule your confidential consultation or to learn more about the family law team at JacksonWhite.