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Posts Tagged ‘child support payments’

Factors That Guide Child Support Modifications

Posted on: May 30th, 2013 by Scott Law

As a part of the divorce process, many states necessitate separate child support proceedings to ensure that the minor gets the same level of support that he or she would have enjoyed had the parents been together. During the court hearing, each parent is required to present evidence to support his/her ability to make the child support payments.

The parents may submit documents like pay stubs and tax returns as evidence in this matter. Depending on the evidence, the court specifies the amount that each parent is supposed to pay. Oftentimes, due to changes in personal circumstances, one of the parents may seek Arizona child support modifications.

The Factors

Decreased income: The noncustodial parent may lose his/her job and find it tough to make the child support payments. On the other hand, if the parent with primary custody has lost their job, the noncustodial parent might be asked to contribute more towards child support.

Increase in requirements of the child: The child may need some medical treatments or could be participating in extracurricular activities that demand money. The custodial parent, in these cases, might seek child support modification Arizona to meet these financial obligations.

Large inheritance or considerably increased income: In such cases, the custodial parent may ask the court to reevaluate child support payments as the noncustodial parent may be able to afford more due to their new economic status.

Increased family responsibility: If a noncustodial parent remarries and has children out of that marriage, he or she can ask the court that child support responsibility be decreased as the parent would have to financially support additional children.

If you have questions regarding child support or child support modifications contact Scott Law Offices to learn about your options.

 

Negotiating Divorce Settlement Agreements – Factors to Consider

Posted on: May 2nd, 2013 by Scott Law

Maintaining financial security is the top consideration for any person who is faced with a divorce. So, the aim must be negotiating a divorce settlement that will keep you financially viable throughout your life. Before you separate, you, your spouse, and your attorneys must get together and decide how to divide the marital assets.

Retirement plans

If retirement has been accumulated during the marriage by either spouse, the amount accumulated would need to be divided equitably.  This can often be done by agreement of the parties and in working with the plan administrator.  Sometimes, however, a specialist is required to accomplish the division of retirement and to draft the appropriate orders.   If retirement is going to be a major source of income for you, it must be taken into consideration during the divorce settlement.

Health insurance

If you have children and also have health insurance, the court would ask you to extend the coverage to them. If neither parent currently has access to health insurance, the parents need to determine what the cost of insurance would be in order to factor it into the child support payments.

Marital home

The court takes into account the kind of life the child is accustomed to and ensures that the lifestyle is maintained. So, the parent who gets the parenting time with the child most often may also be awarded the marital home as it plays a huge part in maintaining the pre-divorce lifestyle of the child.  In negotiating a divorce settlement, marital home must be addressed as well as any equity, negative equity and debts.

Child Care and Extracurriculars

The parents should consider how to divide child care costs and extracurricular activities for the child. These expenses may be factored into the child support payments.   They may also be agreed upon as expenses divided outside of child support.  The parents will determine what works best for them and utilize the resources of a Phoenix family law attorney to assist

Consequences of Failure to Make Child Support Payments

Posted on: May 2nd, 2013 by Scott Law

A parent who fails to make child support payments faces penalties such as accruing interest, wage garnishment, or even incarceration.

Non-payment and the role of federal government

If a noncustodial parent charged with nonpayment of child support moves to a different state to avoid the payments, he/ she may be convicted of a federal offense. The charges would fall under the Deadbeat Parents Punishment Act.

In these cases, some of the factors the federal government would address are:

  1. The noncustodial parent failed to make the payments despite having the financial capability.
  2. The noncustodial parent did not pay the child support.
  3. Child support payments have not been made for at least one year.
  4. The pending child support payment amounts to more than $5000.

Penalties for single parents in the military

A parent who is in the military who is ordered to pay child support but does not can face severe penalties.  The parent may even face termination.

Nonpayment defenses

A parent who has failed to make court ordered child support payments or has fallen behind in making payments, can attempt to prove that he or she has been providing for the child through monetary and non-monetary means but would need to hire a good Arizona child support attorney to set forth such defenses.

Child Support Guidelines in Arizona

Posted on: March 28th, 2013 by Scott Law

In Arizona, child support is continued until the child turns 18.  However, if the child has turned 18 and has not yet graduated from high school, child support will extend until graduation or the child’s 19th birthday, whichever comes first. There are several criteria that determine a child support order during a support hearing. To tackle this efficiently, you would need a professional Arizona child support attorney. Below are some of the elements that are considered when a judge determines child support.

Income

Courts in Arizona calculate child support payments on an income share model. In other words, the child support is calculated based on what the child would have been entitled to if the parents were not divorced. The court considers salaries, wages, commissions, severance, bonuses, pension, retirement funds, disability payments, and gifts when determining a parent’s income.

Income-based factors

Arizona courts also factor in certain things, which determine the support, like the total number of children the parties have, whether the parties have children from prior relationships that they support with or without a court order, whether one of the parties will be receiving spousal maintenance or alimony.  The court essentially considers the standard of living the child would have enjoyed with the joint income had the parents not separated.

Non-income-based factors

Apart from income-based child support, parents may also be asked to include the child in the medical, vision and dental plans, contribute to any out-of-pocket medical expenses, and share in any child care expenses. The court will also consider any costs that the parents may have for any special needs or gifts that a child has.

To ensure that your child support payments are no greater than they should be under the Arizona Child Support Guidelines, hire an experienced Phoenix child support attorney.  Scott Law Offices offers free consultations for all child support matters.