Experienced Mesa Child Support Lawyer
Ensuring your children are financially supported is one of the most important aspects of family law. Whether you are going through a divorce, need to establish paternity, or are looking to modify an existing order, the process can be complex. At Sullivan & Shick, we help parents in Mesa navigate the legal system to reach fair outcomes.
Arizona laws regarding child support are specific, and the math isn’t always as simple as it seems. We are here to help you understand your rights, protect your financial future, and ensure your children have the resources they need to thrive.
How Child Support is Calculated in Arizona
Many parents wonder how the court decides on a dollar amount. In our state, we follow the Arizona Child Support Guidelines. This system uses a formula known as the Income Shares Model. The idea is that a child should receive the same proportion of parental income that they would have received if the parents lived together.
While there is a calculator available, the inputs matter. If you put the wrong numbers in, you will get the wrong number out. Key factors include:
- Gross Income: This includes wages, salaries, commissions, bonuses, and sometimes even overtime.
- Parenting Time Adjustment: The number of days the child spends with each parent significantly impacts the final amount.
- Health Insurance Costs: Who pays the premium for the child’s medical, dental, and vision coverage?
- Childcare Expenses: Costs for daycare or after-school care required for a parent to work.
Factors Courts Consider in Support Decisions
While the guidelines provide a baseline, the Superior Court of Arizona looks at the full picture. The court wants to ensure the final Child Support Order is in the best interest of the child. Beyond basic income, the court may look at:
- Imputation of Income: If a parent is voluntarily unemployed or underemployed to avoid paying support, the court may calculate support based on what they could be earning.
- Special Needs: Costs related to gifted education or children with disabilities.
- Other Children: Support obligations for children from other relationships.
In some unique cases, we may request a Deviation from Guidelines. This happens when the standard calculation produces an unjust result, and a different amount is necessary to be fair.
Child Support During Divorce Proceedings
If you are ending a marriage, child support is usually addressed alongside property division and custody. You do not have to wait until the divorce is final to receive help. We can help you file for temporary orders. These orders ensure bills are paid and the children are supported while the legal process moves forward.
Establishing these terms early is vital. It sets a precedent for the final agreement and provides stability for your children during a transition period.
When to Modify Child Support Orders
Life changes, and your court orders may need to change with it. However, you cannot simply stop paying or demand more money because of a minor change. To file a Modification Petition, you must demonstrate a “substantial and continuing change of circumstances.”
Common reasons to request a modification include:
- A significant increase or decrease in either parent’s income (often 15% or more).
- A change in the parenting time schedule.
- Changes in medical insurance or childcare costs.
- A child turning 18 and graduating from high school (emancipation).
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Enforcing Child Support Payments
It is frustrating and frightening when the other parent fails to pay court-ordered support. If you are not receiving payments, you have legal options. Enforcement Actions can be taken through the court to collect both current payments and Arrears Collection (past due amounts).
The court has several tools to enforce payment, including:
- Wage garnishment (taking money directly from a paycheck).
- Seizing tax refunds.
- Suspending driver’s licenses or professional licenses.
- Placing liens on property.
- In severe cases, jail time for contempt of court.
Common Mistakes in Child Support Cases
Navigating the family court system without guidance often leads to errors that can cost you thousands of dollars. Here are a few mistakes to avoid:
- Relying on Verbal Agreements: If you and the other parent agree to change the amount outside of court, it is not legally binding. The court will still enforce the original order, leading to potential arrears.
- Quitting a Job to Lower Payments: Courts frown upon this. It usually leads to income imputation, where you are billed as if you still had the job.
- Waiting to File: Modifications are rarely retroactive. If you lose your job, you must file immediately. The court can usually only change the amount back to the date you filed the paperwork, not the date you lost your job.
Process and Timelines for Child Support Hearings
The timeline for a child support case in Mesa varies. If both parents agree on the numbers, it can be finalized relatively quickly. However, if there are disputes regarding income or parenting time, it will take longer.
Generally, the process involves:
- Filing the petition.
- Serving the other parent with paperwork.
- Financial discovery (exchanging pay stubs and tax returns).
- A hearing or settlement conference.
- The judge signing the final order.
Costs and Fees for Legal Representation
We understand that cost is a major concern. Every case is different, and the cost usually depends on how much the parties disagree. A straightforward case with agreed-upon numbers costs less than a complex case involving hidden assets or self-employment income.
During our consultation, we will be transparent about our fee structure. We believe that investing in proper legal representation now can save you money and stress in the long run by getting the order right the first time.
Frequently Asked Questions
Arizona uses the Income Shares Model. This formula considers the gross income of both parents, the amount of parenting time each parent has, and expenses like health insurance and childcare to determine a fair amount.
A substantial change usually means a 15% variation in the calculation results, a change in custody arrangements, or a significant shift in expenses like insurance or daycare. The change must be continuing, not just temporary.
Timelines vary based on the court's schedule and whether the parents agree. Uncontested cases may take a few months, while contested cases requiring hearings can take significantly longer.
If a parent fails to pay, you can file for enforcement. The court can order wage garnishment, seize tax refunds, suspend licenses, or hold the non-paying parent in contempt of court.
Yes. If you lose your job involuntarily, you should file a petition to modify immediately. The court can adjust the amount, but generally only back to the date you filed the paperwork.
Costs vary depending on the complexity of the case and the attorney's fee structure (hourly vs. flat fee). We discuss all expected costs clearly during your initial consultation.
While you can file on your own, enforcement can be technical. A lawyer ensures the correct motions are filed and can help locate assets or income sources the other parent may be hiding.
Arizona applies a "Parenting Time Adjustment." Generally, the more time the paying parent spends with the child, the lower their support obligation may be, as they are directly providing for the child during that time.
The court looks at income from all sources. This includes salaries, wages, commissions, bonuses, dividends, severance pay, pensions, and sometimes spousal maintenance received.
Yes. Parents can use mediation to reach an agreement on child support. If the agreement complies with Arizona guidelines, the judge will typically approve it without a trial.
Get Legal Help for Your Child Support Case
Whether you are the parent paying support or the parent receiving it, you deserve a fair calculation based on the facts. At Sullivan & Shick, we are dedicated to protecting your financial rights and the well-being of your children.
Don’t navigate the Arizona family court system alone. Contact us today to discuss your situation with a Mesa child support lawyer who can help you establish, modify, or enforce an order effectively.
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(480) 284-2644
(623) 915-0944