Phoenix Arizona Family Lawyer Offers Advice For Those Struggling with Child Support During Covid

Category Child Support

Arizona Child Support

Child Support Modifications

The Arizona Child Support Guidelines recently changed this year and will be in effect for the next three (3) years. As you may know, when you and your partner separate you may be entitled to child support pursuant to the Arizona Guidelines. The Child Support Guidelines will outline how much you may need to pay or receive in child support each month.

If you need to pause child support payments due to job loss in Arizona, you can file for a modification or ask to deviate from the Child Support Guidelines because your ability to earn have been reduced. There must be a reason for the change, and you will have to present it to the court. 

Self-Termination of Employment

The court will typically only recognize a need for modifications if you were laid off or fired from your job. However, if you quit on your terms, you will likely be attributed your old earning potential.

When you choose unemployment on your terms, you are not fulfilling the required obligations for supporting your child. Ultimately this situation would not qualify for a need to pause or reduce child support payments unless there are extenuating medical circumstances. 

Termination of Child Support Payments

Typically, when both parents agree in Arizona, you can stop paying child support if the Court agrees that it is in the child’s best interest. Most orders will have a termination date, but sometimes, you will need to submit the Stop Order for an Income Withholding Order. 

Sometimes, the custodial parent may not agree to these terms. You will complete the Stop Income Withholding Order Petition if you need to stop paying child support due to job loss or other circumstances. 

After, you will need to serve the document to the custodial parent or the DCSS. Sometimes, the other party may file a response or motion, however, to object to your desire for termination.

  Arizona Alimony and Spousal Support

In Arizona, if you can prove a change in your financial circumstances due to your job loss, you can pause or stop paying spousal support. It will depend, however, on if the judge granted spousal maintenance or it was set by mutual agreement. Often, if you want to stop paying spousal maintenance permanently, it can be very difficult depending on the terms of the order. 

It is more realistic that a judge will temporarily allow you to stop paying alimony due to your job circumstances. The legal experts will have to complete a modification in court, showing you the terms of it. The judge is also in charge of creating the timeframe of the change in payments. 

Do note that you cannot just stop paying spousal support on a whim, however. You have to petition the court unless you want to face penalties.

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To learn more about child support laws or if you are in need of consultation in Arizona visit The Law Office of Daniel Hutto PLL

About Daniel Hutto

If you need help to establish child support or have received notice that a request for child support has been filed, you should talk to an experienced family law attorney at the Law Office of Daniel Hutto. Your lawyer can help you to calculate the amount so that you can understand what to expect.

He or she can also assist you in requesting a modification if substantial changes have occurred. Contact us any time at 602.671.0391 and our experienced and caring staff will take all the needed information to get your child support case underway.

  Contact:

Law Office of Daniel Hutto
4201 North 24th St.
Phoenix, Arizona 85016

Phone: (6020 671-0391
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