Every year, thousands of people across Arizona find that their marriage is not working for them and opt to get divorced. It’s a sad fact which not only separates the couple, but often leads to situations where the court must determine who will care for the child or children, how that care will occur, and if one parent is required to pay some kind of support to the other.
In some instances, the parents get joint custody, maybe even one where the amount of time the children spend with one parent is equal to that they spend with the other. In this case, neither parent is usually required to pay any kind of support because the amount of care needed is split equally between the two parents.
However, this is rarely the case. In most instances, one parent cares for the children or child much more of the time than the other one does, which often means that the other parent is required to pay some kind of child support.
How is this Determined?
When there is an instance where children are involved in a divorce, it is often left up to the judge or arbiter to determine who will have the child or children and how much the other parent will pay. This can get messy and often leads to at least one parent being quite irritated or frustrated with the decision of the court.
Several factors can be involved in determining the amount of child support to be paid, including the amount of time the children should spend with the parent given the child custody, referred to as the custodial parent, as well as income of both parents, age of child, whether either parent has children from another marriage, just to name a few.
All these factors help determine what the judge will decide will be the amount of child support to be paid.
What Do Child Support Lawyers Do?
In some instances, child support can become an issue long after the divorce is finalized. There can be times where the parent who is paying for the child support finds that their circumstances have changed and they need a reduction in child support, or where the custodial parent finds that the amount they are receiving is not enough. This is where they seek the assistance of child support lawyers to help them with these legal matters.
The child support lawyer’s role is to assure the parent that what they represent will help meet their needs so that they can abide by the court order. For the noncustodial parent, the child support lawyer is there to act as an advocate, often looking to either reduce the amount of support needed to be paid, or helping that parent increase the amount of time they have with the child, which can often lead to a reduction in child support as well.
For the custodial parent, the child support lawyer helps them get a greater amount of child support if needed. This does not necessarily have to mean that more money is paid, but the benefits are improved in terms of medical or dental, a greater amount of the educational expenses are paid, or some form of extracurricular activity is paid for by the noncustodial parent. There are actually many instances where these issues become far more important than the amount of money that the parent is directly receiving.
Why is Working With a Child Support Lawyer Necessary?
One’s life can change in the blink of an eye, meaning that a financial situation for somebody can drastically change anytime. This can affect the amount of money that they need for child support.
For the noncustodial parent paying child support, the two biggest factors that often lead them to seek a reduction in the amount of money they are paying is that they either have lost their job or taken a job that pays them less money, or they have a new child from a different parent. In either case, they have less money available to pay for the child support, and frequently petition the court to provide some kind of relief for them to survive.
It is the job of the court to ensure that the children are cared for, but they must do so in a way that enables the parent paying child support to be able to survive. If a parent is earning $2000 a month, the court cannot grant a child support of $1500, whether the child needs that money or not. They must consider that all parties involved need an equitable resolution to this matter.
For the custodial parent, changes can occur for them as well. They may also lose their job or take a pay cut, or they may have an additional child, or the expenses related to the care of the child may change drastically. All these things are factored in when one decides that they should seek additional child support as part of the arrangement.
It should be noted whatever the circumstances, the the court is going to look upon the challenges as favorable. This means if a parent has lost their job, this does not mean that they expect the other parent to suffer as a result.
JacksonWhite Child Support Lawyers
While no one can guarantee the amount that you will have to pay or the amount you will have to receive, working with a child support attorney will ensure that your child is set up with the best possible future. A child support lawyer will also make sure that you have a detailed plan and that all the necessary information is required in order.
Working with an ex-spouse can be extremely difficult, especially when finances start to get involved. Working with a child support attorney can reduce the amount of chaos that can occur in these discussions, by acting a mediator and will help get the most of a difficult situation.
Call the Family Law Team at (480) 467-4348 to discuss your case today.
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