Do gifts to my children count towards child support payments?
No. Gifts will not offset any child support obligations.
Income tax exemptions: Who gets the income tax exemptions for the children?
The federal and state income taxes exemptions for the children are also generally divided in proportion to the parties’ incomes. In order for the paying parent to claim the children during his/her year, the parent must be current in his/her child support obligation for that year. This is determined by statute, but may be modified by agreement of both parties.
Out-of-state child support order: Can I enforce an out-of-state child support order in Arizona?
Yes, you can enforce the out-of-state child support order. It will be necessary for you to register the out-of-state child support order with the Arizona courts, so that Arizona has jurisdiction and you have an Arizona case number. To “register” your case means that you will need a certified copy of your domestic relations file from the other state and file it with the Arizona courts.
Can I be reimbursed for travel expenses related to parenting-time visitation?
In cases where the one-way travel distance exceeds 100-miles, a travel reimbursement may be ordered by the court. When considering a reimbursement the court will consider the parties’ financial situations and conduct, such as a change of residence and the reason for the move. Any reimbursement allocation will not change the amount of child support ordered.
Do I have to pay child support if I do not have a job or lose my job?
Yes, you are under a court order to continue to pay child support. If the unfortunate circumstance occurs and a parent does not have employment, it may be necessary for that parent to request that the court modify the child support obligation to reflect the current situation.
What about other child expenses that are not included in the child support worksheet?
One parent will be required to maintain health insurance for the children, and if there are any medical/dental/vision/orthodontia expenses not covered by insurance, the parties will often divide those expenses in proportion to their incomes.
What is a child support modification?
A modification of child support is the process of legally changing the child support amount paid by one parent. A child support modification is necessary when there has been a change in income of either parent or other financial changes in child care, health insurance, day care costs, etc.
Is there a waiting period for when can a parent go to the court to ask for a modification?
No, a parent may ask the court for a modification to child support at any time. However, it must be shown there is a change of circumstances before it will be modified or terminated.
I already have a support order, but the payments are barely enough for my child. Is it possible to change the amount of monthly support I receive?
Under federal and state law, you have the right to request a modification of your child support order. The Division of Child Support Enforcement (DCSE) can help you review for a modification of your child support order if you qualify. The review is based on the current income of the parents, the Arizona child support guidelines, and if there is a situation that is substantial and continuing, which would change your order by 15 percent or more. The review may result in an increase, decrease, or no change in your child support order. If you believe your case meets these criteria, you may click on the link to the modification packet and complete all of the required forms. Return them to the Division of Child Support Enforcement, P.O. Box 40458, Phoenix, AZ 85067; or you may go to a local DCSE office to pick up a modification packet; or you may contact DCSE at (602) 252-4045 or (800) 882-4151. If your review shows that a modification of your order is appropriate, they will send your case to the Attorney General’s office who will take it to court.
I am receiving Temporary Assistance for Needy Families. Can I still have my child support order reviewed?
Under Federal law, DCSE is required to review and, if appropriate, adjust a child support order every three years for families receiving Temporary Assistance for Needy Families.
If a person wants to modify child support, how do they proceed?
Under Arizona law, a parent may go to the court to modify child support. Specifically, a parent should go to the Superior Court of Arizona; the only court able to grant a child support modification.
Can child support in arrearages be modified or forgiven?
Usually the new child support will take effect on the 1st day of the following month after filing. For example; if a petition is filed on January 5th, the new child support, given that the modification is accepted, will start on February 1st.