Following a divorce where a child was involved and both individuals were legal parents, the non-custodial will be required to pay child support to the custodial parent, regardless of the parent’s biological relation. In these cases, navigating the legal landscape of calculating child support, making child support payments, and overcoming potential obstacles to the process can create additional stress in the lives of parents. One of our experts at Sullivan Shick PLC would be happy to answer any questions and assist you in this process call (480) 284-2644 in Mesa or (623) 915-0944 in Glendale.
What Is Child Support?
Child support is used to cover the costs a child incurs that is shared by both parents. Child support is typically paid from the non-custodial parent to a custodial parent. The payments are typically calculated each year and then divided up throughout the year, creating a monthly payment schedule. Child support payments last until the youngest child turns eighteen but might be modified due to exigent circumstances or an agreement between the parents. These payments go to support a child’s day-to-day expenses, including healthcare, daycare, and other necessary expenses.
How Is Child Support Calculated?
Child support can vary from case to case, however, a flat payment of 25% is required for all non-custodial parents. The agreement can be determined either by the parents together outside of court, or the court will determine child support payments for both of the parents. Occasionally, the court will deviate from the standard if it is determined to be in the best interests of the child.
How Is Child Support Calculated With Income?
Child support is calculated mainly using the adjusted gross income of both parents. This number is then divided between the number of children requiring financial support. The court calculates the number of child support based on yearly income rather than varying monthly income, so though income might fluctuate from month to month, child support payments do not.
How Is Child Support Calculated With Additional Factors?
There are typically additional factors involved in child support calculations, because child support covers a large portion of a child’s day-to-day costs. Additional factors included in the cost of child support may be:
- The income of the non-custodial parent
- The number of children require support
- The ages of the children that require support
- The amount of time the non-custodial parent spends with the children
- The cost of the child’s health insurance
- The cost of the child’s daycare
- The cost of additional expenses necessary for the child
Can I Calculate Child Support On My Own?
The details of how to calculate child support are broken down by Arizona’s handbook called How to Calculate Child Support. This packet also includes a child support worksheet that can be helpful to fill out when going through the process. While you can use Arizona’s Child Support Calculator using Azcourts.gov, it is not meant to be a substitute for legal advice. It may be best to talk to a lawyer in order to optimize the usefulness of such resources and in order to break down the details of the process. You can contact one of our lawyers at Sullivan Shick PLC to learn more or to ask more questions about how to calculate child support that are specific to your case.
Can Child Support Be Modified?
If there are changes to either the custodial or non-custodial parent’s circumstances following the setting of child support, the cost can be modified by the Arizona Department of Economic Security (DES). In the event that a parent has other family to provide for (a spouse or children), Arizona’s courts can require up to 50% of disposable income. If there is no other family present, Arizona’s courts can require up to 60%.
Child support may vary from case to case if all parties agree to a different arrangement or if the court determines a different arrangement may better aid the child in question. The best way to handle any potential obstacles to or variation in child support payments may be contacting an expert lawyer who can handle your case directly.
What Happens If I Do Not Pay Child Support?
Failure to pay child support can be considered a Class VI felony under Arizona law and can result in penalties. The Division of Child Support Services (DCSS) is responsible for enforcing child support payment and may levy fines, seize wages, seize property, suspend professional licenses, and more following a failure to comply with the court ordered payment schedule. Failure to pay may also result in jail time.
It is essential to seek modifications to the child support agreement immediately if circumstances change in order to avoid such legal repercussions. One of our lawyers at Sullivan Shick PLC would be happy to help you with this process and ensure you do not face repercussions for a failure to make payments.
What Happens If I Get Behind On Child Support Payments?
While difficulty making payments or simply forgetting to make them can occur, it is important to keep up with child support payments. If a payment is 30 days late or more, the custodial parent may file a petition. This could lead to an arrest warrant, an appearance in court, jail time, fines, or other legal repercussions. Contacting a lawyer prior to this might make seeking a modification easier.
Get In Touch With A Lawyer Today To Learn More About Your Legal Rights!
Divorce can be incredibly frustrating, and having a child caught in the middle of it all can make everything that much more stressful. Determining child support or other agreements, such as custody, visitation, and more can be complicated, and seeking to navigate it alone may prove difficult. Child support agreements, calculation, and payments might be easier with legal assistance. If you or a loved one is going through a divorce where children are present, you can contact one of our expert attorneys at Sullivan Shick PLC at (480) 284-2644 in Mesa or (623) 915-0944 in Glendale.