Child Support Payments Are Legal Requirements

By Julio Arrant


If you are a parent with primary custody of a child, then the child's other parent typically is required by law to provide some amount of child support. If this is not happening, it is time to meet with a qualified Arizona attorney who specializes in family law.

It is important to note that whether or not you were married, were never married or are currently divorced has little bearing on child support payments. Child support needs to be paid regardless of marital status or the status of your current relationship.

Navigating the court system can be tricky, so hiring a qualified family law attorney is typically your best bet. After you have hired your attorney, you will need to be able to pinpoint the father's address. In addition you must provide proof of paternity. Simply having the father's name on the birth certificate will not be enough. A father must sign an Acknowledgement of Paternity, and while this is sometimes attended to at the time of birth, sometimes it isn't, so this step must be completed.

If the father contests paternity, several additional steps will have to be taken, which probably will include genetic testing. Paternity, in a contested case, ultimately will be decided on in court. This must be decided before child support payments can be arranged.

In some cases, a parent might be worried about risking exposure if she asks for child support. In a case where domestic violence has been an issue, for example, a parent might be afraid that the court documents will show information as to the whereabouts of the children. If this information can place the children in danger, you can request to have your case noted as a non-disclosure case, which means public court records will limit the amount of information that is shown.

The court looks at many factors before setting the amount of child support payments. For example, the total income of both parents is taken into consideration. The physical custody situation also is considered. For example, if you and your ex split physical custody evenly, child support payments might be less than if you have primary physical custody with the other parent taking the children two weekends each month. In addition, these payments can be modified. So, if a parent is unemployed and then becomes employed, payments can be increased and vice-versa. Keep in mind that unemployment does not negate your responsibility to pay child support, and, typically a minimum child support amount will be set. Also, if you are in the middle of a bankruptcy, you will still owe child support payments.

If you do need assistance in setting up child support payments or modifying child support, contact an attorney familiar with Arizona family law. There is a myriad of paperwork and procedure that must be completed, and hiring a lawyer can make the process much easier.




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