Phoenix Child Support Attorney - Modify, Enforce, Calculate
Ensuring your children have the financial support they need is one of the most important parts of family law. Whether you are going through a divorce, establishing paternity, or need to change an existing order, the process can feel overwhelming. At Sullivan & Shick, we help parents in Phoenix and Maricopa County navigate the complex Arizona child support laws.
We understand that every family’s financial situation is different. Our goal is to ensure a fair calculation that protects your rights and provides for your child’s future. From initial calculations to enforcement of unpaid support, we are here to guide you through the Arizona Superior Court system.
What is Child Support in Arizona?
In Arizona, child support is the right of the child, not the parent. It is a monthly payment made from one parent to the other to help cover the costs of raising a child. The state believes that both parents are responsible for the financial well-being of their children, regardless of their relationship status.
The court uses specific rules known as the Arizona Child Support Guidelines to determine who pays and how much. These guidelines are designed to ensure that the child receives the same proportion of parental income as they would have if the parents lived together. This creates a standard known as the Basic Child Support Obligation (BCSO).
How Child Support is Calculated in Phoenix
Many parents worry about how the court determines the payment amount. Arizona follows an “Income Shares Model.” This means the court looks at the combined income of both parents to decide on a fair amount. It is not just based on the income of the parent who pays.
Factors Considered in Calculations
While the calculation starts with income, several other factors influence the final number. To get an accurate figure, we look at:
- Gross Income: This includes wages, salaries, commissions, bonuses, and sometimes overtime.
- Parenting Time: The number of days the child spends with each parent significantly impacts the payment amount.
- Health Insurance: Who pays for the child’s medical, dental, and vision insurance.
- Childcare Costs: Expenses for daycare or after-school care required for a parent to work.
- Other Support Orders: If a parent is already paying support for children from a different relationship.
In some cases, the court may look at Imputed Income. This happens if a parent is voluntarily unemployed or underemployed to avoid paying support. The court may calculate support based on what that parent could earn, rather than what they are currently earning.
When to Modify Child Support Orders
Life changes, and your court orders may need to change with it. In Phoenix, you cannot simply stop paying or pay less because your situation has changed. You must file a formal request with the court to modify the order.
To qualify for a modification, you must prove a “substantial and continuing change of circumstances.” Common reasons to request a modification include:
- A significant increase or decrease in income (job loss or promotion).
- A change in the parenting time schedule (custody).
- Changes in health insurance costs or childcare expenses.
- The emancipation of a child.
We help clients gather the necessary proof, such as pay stubs and tax returns, to show the court why a modification is necessary.
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Enforcing Child Support Payments
If a parent refuses to pay court-ordered support, it can cause severe financial stress. Arizona takes non-payment very seriously. If you are owed back pay, known as Support Arrears, there are legal mechanisms to help you collect.
Wage Garnishment and Legal Consequences
The most common way to enforce payment is through an Income Withholding Order. This order requires the paying parent’s employer to deduct child support directly from their paycheck. If a parent falls far behind, the consequences can be severe, including:
- Suspension of driver’s licenses or professional licenses.
- Interception of tax refunds.
- Liens on property.
- Negative impact on credit scores.
- In extreme cases, jail time for contempt of court.
Child Support in Divorce and Paternity Cases
Child support is a standard part of divorce proceedings involving children. However, it also applies to unmarried parents. Before the court can order support, Paternity Establishment must occur. This legally identifies the father of the child. Once paternity is established, the court can issue orders for both child support and parenting time.
Defenses and Deviations
Sometimes, the standard calculation does not fit the family’s reality. A Deviation from Guidelines allows the court to order an amount different from the calculator result. This usually happens when the standard amount would be unjust or inappropriate. We can help you understand if your case qualifies for a deviation.
Interstate and Military Child Support Issues
Cases become more complex when one parent lives outside of Arizona. The Uniform Interstate Family Support Act (UIFSA) is a law that determines which state has the power to issue or modify a support order. This prevents two different states from issuing conflicting orders.
Military families also face unique challenges, such as how deployment affects parenting time and income calculations (including housing allowances). We have experience handling these specific jurisdictional issues.
When Child Support Ends
Many parents assume support stops automatically on a child’s 18th birthday, but that is not always true. In Arizona, the obligation usually continues until the child turns 18 or graduates from high school, whichever happens later (up to age 19). If a child has severe disabilities, support may continue past age 19.
If a child marries, joins the military, or becomes self-supporting before 18, they may be considered for Emancipation of Child, which would end the support obligation early.
Frequently Asked Questions
Arizona uses an "income shares" model. This formula looks at both parents' gross incomes, the amount of parenting time each parent has, childcare costs, and health insurance expenses to determine a fair amount.
There is no single average because payment varies strictly by income. However, guideline calculators often estimate payments between $400 and $1,200 per month for typical cases, depending on the parents' earnings.
Support typically lasts until the child turns 18. If the child is still in high school at 18, support continues until they graduate or turn 19, whichever comes first.
Yes. If there is a substantial change in circumstances, such as a job loss, a new job with different pay, or a change in custody arrangements, you can petition the court to modify the amount.
Failure to pay can lead to serious consequences. You risk wage garnishment, suspension of your driver's license, interception of your tax refund, and potentially jail time for contempt of court.
Typically, no. The guidelines are designed to cover basic needs (food, shelter, clothing) until age 18. Private school or college tuition is usually not included unless the parents agree to it in a written contract or the court orders it specifically.
Costs vary based on the complexity of the case. Initial consultations often range from $100 to $300, while full representation can range from $2,500 to $7,500.
You will need financial documentation. This includes recent pay stubs, tax returns, proof of childcare costs (receipts), health insurance premium costs, and records of any special medical expenses.
Yes, you can represent yourself. However, child support calculations can be tricky, especially regarding enforcement or hidden income. A lawyer is recommended to ensure the numbers are accurate and your rights are protected.
Get Help With Your Child Support Case
Whether you are trying to establish a fair support order, modify an existing one, or collect payments that are owed to you, you do not have to do it alone. The outcome of these hearings affects your financial stability and your child’s quality of life.
Contact Sullivan & Hick today to schedule a consultation. Let us help you navigate the Arizona legal system and fight for a fair outcome for your family.
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(480) 284-2644
(623) 915-0944