A Child Support lawyer is an expert in dealing with the legal issues involved in establishing and modifying child support orders. Their services can be invaluable in ensuring that your child receives the financial support they need as a result of your divorce or separation.
The best child support lawyer will guide you through the entire process of getting a child support order in Phoenix Arizona, and ensure that all relevant factors are considered. These factors include both the income of each parent and the amount of time the parents share parenting time with their children.
In determining the amount of support ordered, Arizona Family Law judges use state-set child support guidelines. These guidelines establish a consistent standard of support for children based on the reasonable needs of each child and the ability of both parents to pay. The guidelines have been developed to minimize disputes and save many parents the time and expense of a trial.
Determining a Child Support Obligation
The Basic Child Support Obligation (BCSO) is capped at either of the parents’ combined adjusted gross incomes, or $20,000 per month. This cap is in place to ensure that the support obligation is not too high and that it does not cause the parents undue hardship. However, it is not uncommon for parents to agree on a higher child support obligation than this.
Modification of Support
Changing the amount of support can be done in several ways, but the most common way is to petition the court for a modification hearing. This can happen if there has been a substantial change in either one of the parents’ circumstances, such as a job loss, loss of employment, or a significant increase in expenses for healthcare and other costs.
Arrears of Support
If a parent misses or defaults on child support payments, they can be subject to various penalties, including income withholding and contempt of court. The courts can also order license suspensions for a parent who fails to obey a court order.
A child support attorney can assist in these matters by educating parents on their responsibilities and taking the necessary steps to make changes to child support when it is needed. They can also help prevent the negative impacts of non-payment on a parent’s life.
Marital Misconduct Can Be Used as a Factor in Child Support Cases
If you are accused of marital misconduct, you may have a hard time proving that it should be considered in your child support case. This is because you have to prove that the misconduct was willful and intentional in order for it to be considered.
In addition, you have to prove that the alleged misconduct has directly led to the failure to pay child support. This requires an extensive review of your past and present finances.
A child support lawyer in Phoenix Arizona will be able to help you determine if your allegations are valid and will fight to get you the results you need. They will be able to take into consideration all of the facts and help you present your case with the strongest possible evidence. Click here to know more about our lawyers.