If you are a non-custodial parent, or you are seeking child support from the other party in a divorce, a Phoenix family law attorney can help you understand your rights and responsibilities. Child support payments are calculated based on the combined monthly incomes of both parents and the number of children they have together. Generally, the amount of overnight stays each parent has with the children is also taken into consideration. A judge will look at all of these factors to determine a reasonable child support payment amount.
The court will use state-set child support guidelines as a starting point, and may deviate from the guideline amounts for justifiable reasons. Parents can learn how the child support calculation works, and this information can help them prepare for a court hearing. The judge will also consider the child’s medical, dental and psychological needs when determining the support amount. Click here for more details.
It is important to remember that a child support order is an official court document, and must be followed. Those who fail to pay their child support obligations may be subject to contempt of court proceedings and fines. Our attorneys can assist with enforcing existing orders, or defending against a contempt action.
In addition to basic child support, a court may order that one or both parents provide additional financial assistance for certain special expenses. This can include extracurricular activities, private school tuition and summer camp fees. In some cases, the parties may agree to fund these expenses. Parents can agree to these terms in their separation agreement or negotiate through mediation services provided by our firm.
A Phoenix family lawyer can help you decide whether it makes sense to include expenses for extra-curricular activities in your parenting plan. Including these provisions in your separation agreement can prevent costly legal battles down the road.
Both parents must disclose all sources of income. If a spouse conceals income or assets, it can result in a lengthy legal battle and even criminal charges for that individual. Our family lawyers will work diligently to uncover all relevant financial information.
Can I Get Back Child Support?
A judge can award back child support if there is an extraordinary change in circumstances. This could be a significant increase in either parent’s income, or it might be a change in the child’s financial needs. A court can also award back support when the non-custodial parent acted in bad faith by delaying a final hearing on child support so that the custodial parent received no assistance during that time or when the non-custodial parent concealed their assets to avoid paying child support.
Once a child reaches the age of majority, the legal obligation to continue paying child support ends. It is possible to petition the court for an extension of this obligation, but this must be done well in advance of the child’s emancipation. Expenses such as college tuition, medical care and child’s living expenses may be included in the extended support order.