Everything you need to know when it comes to filing for child support in Arizona, for married and unmarried parties. One very common service a legal document preparer provides is assistance with child support paperwork for both custodial or noncustodial parents. In the state of Arizona there is a couple ways of establishing child support:
- Divorce proceedings
- Petition to establish, paternity, parenting time and child support (for parties who are not married)
- Assistance from the Department of Economic Security or DES (DES can assist with obtaining legal assistance to begin the child support process)
When filing for a divorce with minor children the court will address child support as part of the divorce. When calculating child support the court will consider the following as a guide for calculation:
- Monthly income of each parent
- Amount of time each parent has with the child/children
- Number of additional children each parent has a financial responsibility outside the marriage.
- Amount paid by each parent for Medical, dental and childcare, or education.
Unless otherwise agreed upon the Court may request the parties provide their monthly expenses if a party feels that the child support guidelines go above what they can pay each month, the Court will then determine what amount will be appropriate within the guidelines.
The parties can also agree to an amount that differs from the calculation determined by the guidelines and request that the court issue an order for an agreed upon amount. If the court deems this agreement does not negatively affect the childs interest the may issue the order as requested.
Click here for the most current child support guidelines.
Child Support for Unmarried Parties
When a party is seeking child support from a party whom they were not and are not married to they would have to petition the court to first establish paternity. In the state of AZ this is done by filing a Petition to establish paternity, parenting time and child support. Before issuing a child support order the Court must determine that the alleged father is indeed the child’s father and therefore financially responsible for the child. This can be done by providing the child’s birth certificate signed by the father, having the child’s father agree to paternity and financial responsibility directly to the court or by means of a DNA test.
This process will also establish parenting time allowing the other party to agree or seek the court to establish reasonable parenting time. In the state of Arizona both parents are entitled to request 50/50 parenting time this means each parent is entitled to care for the child an equal amount of time unless it has been proven dangerous for the child. Establishing parenting time is important because the time each parent is caring for the child is considered in the child support calculations.
Filing for Petition to establish paternity, parenting time and child support can be done by any party by downloading the forms from your county’s superior court website or by hiring an attorney or Legal document preparer.
If a party would like to file a petition and can not cover the court fees they can apply for a waiver or deferral of court fees with their petition. These forms can be found at the superior court website of the county they reside in.
If a party is receiving benefits from the Department of Economic Security or DES to help support the child or provide healthcare they may qualify for legal assistance to begin their process.
Click Here for DES Legal assistance.
FAQ:
Can a mother owe child support?
Yes, child support is calculated by income, parenting time, expenses covered for the child and any financial responsibility a party has to other children each parent has. The guidelines will determine who and how much child support is ordered.
If I have 50/50 custody will I still have to pay child support?
This depends on the calculation, since child support is calculated by income, parenting time, expenses covered for the child and any financial responsibility a party has to other children, it is possible a parent with 50/50 custody will still owe support to the other party or they themselves may be owed support according to the guidelines.
If you would like more information or would like to hire an attorney or Legal document preparer feel free to book an appointment with us we would be happy to assist you.
Melissa Medina is a certified legal document preparer and independent paralegal with 17 years of experience in the field. She has been helping communities in the valley through legal issues in family law, personal injury, estate planning and more since 2020.
0 Comments