A child support lawyer helps parents establish, modify, and enforce legal obligations regarding financial support for their children after a marriage ends or the parents separate. Each state sets a standard for how much a parent must pay, but there are many factors that go into determining the total amount. At Dodge & Vega PLC, our Phoenix child support lawyers take a comprehensive approach to analyzing all the relevant information in your case. This allows us to better anticipate how the judge will rule, helping you avoid drawn-out and costly legal battles.
Typically, the parent who has custody of the children files a petition in Family Court asking that the other parent pay a specified sum. The person who does not have custody is called the “non-custodial parent.” A judge then enters an order requiring that party to pay child support to the custodial parent for the benefit of the children. The child support ordered is calculated using a specific formula that takes into account the parents’ combined gross income, the number of children, and each parent’s share of the obligation as determined by the guidelines.
In addition to the basic support amount, a judge may also award additional support for things like child care expenses, health insurance, and extraordinary needs. The judge can also approve payments for extracurricular activities, such as sports, music, travel, summer camp, and enrichment activities. The basic guideline is that each parent should contribute to at least 50% of these expenses.
The process of setting a child support amount involves both parties attending a hearing with a judge or magistrate, who will take into account all the facts and evidence in the case. Both parties must submit to the judge proof of their incomes, such as tax returns, paystubs, and other forms of income. The judge or magistrate will then examine the evidence and question witnesses to make a finding on how much support should be paid. The obligor (parent who must pay) must also bring to the court documents such as proof of his or her expenses, such as rent, food, clothing, child care costs, health insurance, and utilities.
After a hearing, the judge will issue a child support order that is usually set to last until the child turns 18, unless the court orders otherwise. The obligor (parent paying child support) must make regular monthly payments to the custodial parent and can file a motion with the court to modify the child support amount, based on a significant change in circumstances.
US Governmental child support agencies frequently refer to obligors as being in compliance, not in compliance or criminally non-compliant with their legal obligations. The obligor can have his or her professional licenses and other assets suspended if the judge finds that he or she is not in compliance with the legal requirements of the child support court order. If you have a child support order that has not been paid, our Phoenix child support attorney can help you enforce your rights to receive payment through aggressive enforcement actions.
