| CHILD SUPPORT |
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| Q: |
How is child support determined in the state of Arizona? |
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Arizona, like most states, has guidelines for determining the amount of support that should be provided for a child or children. The guidelines have a percentage of annual income in relation to how many children. It is not uncommon for parents to agree on the amount of child support. If they cannot, the court will use the guidelines in determining the amount. If you are contemplating divorce and need to determine how to calculate your child support, please click here.
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| Q: |
Does child support exist without divorce? |
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Arizona will allow a parent to file for custody and visitation rights without a legal divorce, so support can be issued. Temporary custody must be decided prior to filing a petition for support. In this situation both parents have an equal right to have the children live with them, unless records show past abuse.
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| Q: |
If a parent remarries, how is the new spouse's income viewed for child support? |
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If the new spouse has an income, it is not considered for support, because he or she has no legal attachment to provide support to a child. The additional income may allow the supporting parent to spend less, so more money might be available for the monthly support payments.
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| Q: |
What are the primary parts of a support order? |
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Social Security number of each child, the amount to be paid to each child, how frequent the payments will be made, and the manner of payment.
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| Q: |
What about medical insurance for the children? |
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In Arizona, this issue is typically addressed and taken care of in the Marital Settlement Agreement. It is important for the child or children to have coverage during the divorce process. A decision is made between the two parties, but it is the responsibility of the parent who can provide coverage due to his or her employment.
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| Q: |
Should support payment stop if visitation is being prevented? |
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No, unfortunately each is a legal duty of its own. If a parent is deprived of visitation, he or she must still provide support. Visitation and nonpayment of support must be petition in court separate.
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| Q: |
How is support enforced? |
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It varies in each state. Payment of support has become an increasing problem, so there have been many recent steps taken to enforce the payment. Wage assignment programs have been established, which immediately deducts any support payment from the supporters paycheck, before he or she receives it. "Friend of the Court" is a division of the county courthouse that receives the payment and then distributes it to the custodial parent.
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| Q: |
Is child support tax deductible? |
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The amount of support declared at the date of settlement is not considered income for the parent who receives it, therefore the support amount can not be deducted as an expense for federal income tax purposes.
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| Q: |
Is Medical Insurance a part of Child Support? |
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The medical insurance for any minor child is to be awarded with child support. It is not always the non-custodial parent that is responsible. Presently the court looks to the parent with the best plan at the lowest rate.
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| Q: |
Can child support be modified in Arizona? |
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Arizona will allow for the modification of child support as long as a substantial change has occurred and the change is not something that has been previously addressed. The change will typically be associated with living arrangements and income. |
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| Q: |
What if the percentage of annual income is not sufficient? |
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If it is not there the Arizona court system can not make it appear. This is a problem that is quite common. The amount of support is not enough, because sometimes the paying spouse is hiding income. Most of the time a good way around this dilemma is to petition the court for support for other things like education costs.
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If the paying spouse files for bankruptcy is he or she obligated to make support payments? |
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Yes. The federal law does not allow any child support or alimony payments to be discharged. Basically the paying spouse is responsible for support for the time period stated in the order, unless modification of some sort is made. |
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| Q: |
Is college tuition a part of child support in Arizona? |
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This all depends on the order that was granted by the court prior to the child attending college. If college tuition was not part of the order then you must refile for modification to prove to the court that the child is doing well and it is in his or her best interest to remain in college. At this point the court will make a judgment whether the support should continue through school and that if more money should be paid to finance part of the tuition bills.
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