Child Support
In Tucson and throughout Southern Arizona, the family law practice at the Law Office of Dina Afek, P.C. handles all the most important aspects of divorce, including the payment of child support in appropriate cases.
Parents have a legal duty to support their children, and this duty continues even after divorce. When one parent has sole or primary custody of the children, the court will most often order the non-custodial parent to contribute a monthly amount toward the support of children.
The amount of child support is determined according to statutory guidelines based on factors such as the children's needs; the spouse's income, ability to pay, and earning capacity; and the structure of the parenting plan. Marital misconduct on the part of either spouse does not figure into the determination of who should pay support or how much the amount will be.
Legal Issues in Child Support
Even though the monthly support amount is determined according to a statutory formula, the court is allowed to deviate from that amount when it would be inappropriate or unjust to mandate the guideline amount. Arguing successfully for a higher or lower amount generally requires the attorney to collect and present adequate evidence and argue effectively in an adversarial court hearing.
Modification, Termination and Enforcement
Changing court-ordered child support requires going to court and proving a change in circumstances that justifies modifying the order. In order to obtain a modification, you must be able to prove that the changed circumstances are substantial and continuing. Common examples include a change in the income of either parent or a change in the education, healthcare or other needs of the child. By law, the addition of health insurance coverage or a change in the availability of health insurance coverage generally provides the basis for a modification.
Child support usually lasts until the child turns 18, although it may continue until the child is 19 if the child is still in high school or an equivalency program. Also, if the child is physically or mentally disabled and unable to live independently and be self-supporting, child support may be continued indefinitely. Unlike the payment of spousal maintenance, the obligation to pay child support is generally not terminated by death of paying spouse. A lump sum payment may be paid out of the estate, or the obligation to pay support may be otherwise modified or revoked.
If child support payments are not being made, there are a number of steps that can be taken to enforce court orders. Contempt proceedings may be instituted, or wages may be garnished from the paying spouse's employment. Also, the parent's tax refund could be intercepted for payment. In addition to going to court for enforcement, there are different government agencies that assist in locating parents and enforcing child support orders.
If, at the time of your divorce, you have concerns that the other spouse will not pay willingly pay support, you can seek a wage assignment as part of the original order, and the support amount will be taken from the parent's wages and channeled directly to you.
The Importance of Effective Legal Representation
Like child custody, spousal maintenance, and all other issues in a divorce, the court has discretion in considering whether to order child support to be paid by either parent, and what the amount should be. Effective advocacy from a knowledgeable attorney is essential to making sure that your rights and interests are properly considered by the court in any final orders. In Tucson and Southern Arizona, contact the Law Office of Dina Afek, P.C. for professional advice and representation.
