Warning: Undefined variable $feat_image in /home/azbestlaw/public_html/wp-content/themes/bestlawaz/template-parts/content-hero.php on line 70
What if my grandchild is living with me. There is a child support order for the non-custodial parent to pay child support, but the payments are going to my child. How can I receive the child support?
It is possible to help a new caretaker of a child get child support through a process called a Transfer of Support Rights. This is just a transfer of support payments to the caretaker. Assuming the payments are going through the Arizona Clearinghouse, you will need to provide proof that you have had the child for at least 30 consecutive days. Both parents under the current child support order will be notified about the change in payments as well. It should be noted that if you are receiving public assistance for yourself and a child included in the child support order, the Division of Child Support Enforcement (DCSE) may retain these payments while you are receiving public assistance. The easiest thing to do is fill out an application with the Department of Economic Security. An application can be found in various ways and are described in the chapter under the section “How Do I Sign-up with the Arizona Clearinghouse?”
How do I enforce the current or modified Child Support order if my former spouse stops paying?
You can request an assignment order under A.R.S. § 25-323 and § 12-2454. An Income Withholding for Support is available on the Superior Court website to be filled out and filed with the Court. This will require your former spouse’s employer or other payor to withhold the amount from his or her wages or money owed to you and to send that amount directly to the AZ clearinghouse.
You may also want to file a Petition to Enforce Child Support, Child Support Arrears and Medical Expense Reimbursement. All three of these issues should go in the one Petition because you want the Court to enforce the current order in effect, have the Court enforce the amounts not paid by your former spouse, along with any medical expenses. Ask for attorney’s fees in the Petition if you choose to hire one for this Petition.
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 my child support order is from another state, where should I ask for a review?
There are a number of factors that determine where a review is actually conducted. If you have a case managed by DCSE or another state’s child support agency, you may request a review for a modification of your child support order to the child support agency that you normally contact for assistance. If you do not have a case with DCSE, you will need to consult with the court or a private attorney.
I am a non-custodial parent, but my child lives with me now. Can I change the child support order?
Yes. When there is a change in visitation or custody of the child, you can either go to court or ask for a change in the child support order, or you may ask DCSE to modify the court order. You may be able to reduce child support or begin receiving child support from the other parent.
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.
What are some other resources available to me regarding Child Support modification?
You can visit the Superior Court website for your particular county, contact the Clerk of the Court, contact the Arizona Department of Economic Security or visit their website at www.azdes.gov. Title 25 of the Arizona Revised Statutes available online. The Maricopa County website is http://www.superiorcourt.maricopa.gov/.
After I file a modification, when does the new child support take effect?
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.
Can child support in arrearages be modified or forgiven?
No, any amount past due plus interest, accrued before the date of notice of a motion to modify child support, cannot be modified or forgiven. However, an exception is if the parties agree in writing to the modification.
Schedule Your Consultation
We can conduct your consultation by phone, zoom or in person. Call us today at (480) 219-2433 or fill out the form below.
Contact Information
Scottsdale, Arizona 85253
