When a couple gets a divorce and there are children involved, it is often necessary for one parent to pay the other money called child support. The purpose of this money is to ensure the children have adequate financial resources to maintain a standard of living similar to what they experienced during the marriage. A good Phoenix AZ child Support lawyer can help you make sure your spouse is meeting their legal obligations.
The court will use state child support guidelines to determine the amount of child support that should be paid. The guidelines are based on the combined monthly income of both parents, the number of overnight visits each parent has with the children and other factors that affect cost of living expenses. Medical and dental expenses are also taken into account. The court may require either or both parties to provide health insurance for the children or they might order the payment of cash medical support, which can be used for any type of medical or dental expense for the child.
Which Parent Handles Extracurricular Activities Costs?
Some families choose to split the costs of extracurricular activities between themselves. This allows both parents to be involved in their children’s lives while not having to pay the full cost of each activity. However, it is important to note that any expenses that are incurred are subject to review by the courts and could increase or decrease your child support payments.
What if Marital Misconduct is Alleged?
Typically, the judge who hears a case concerning divorce and child support will not consider marital misconduct or adultery as a reason to reduce or stop child support. The judge will be more concerned with whether the children’s needs are being met. It is also important to understand that a court can only require a party to pay child support if they have the ability to do so. For example, if a person is disabled or they are in jail, they will not be required to pay child support.
How Can I Get My Child Support Modified?
If you experience a significant change in your circumstances, you can petition the court to modify your child support payments. The court will look at all relevant factors when determining whether to approve the modification. A significant change in circumstance can include a loss of employment, a disability, a new relationship or having a child. In general, you will need to prove a 10% change in income in order to obtain a modification of your child support agreement.
If you are not paying your child support, the courts can take enforcement action including placing a lien on property and garnishing wages. They can even suspend your driver’s license and intercept federal tax refunds. In addition, the court can assign you a child support collection agency. The agency can help you get back on track. If you are found to be non-compliant, the agency will report your status to credit bureaus and employers. This will damage your credit and make it difficult to find a job.
