If you are going through a divorce or have gone through one in the past, then you are likely familiar with child support. This is a topic that can be very contentious in a divorce proceeding. One of the most common questions people have about child support is whether or not it can be modified. In this article, we will dispel five common misconceptions about child support modifications in Arizona!
1. The law requires fathers to provide child support.
This is a typical misunderstanding, however, it is not always true. Kid support in Arizona is determined by a number of factors, including the income of each parent, how much time each parent spends with the child and the needs of the child. The obligation to provide child support is not always placed on fathers. Instead, a number of criteria will be taken into account by the courts when deciding how much child support is necessary. These factors include the amount of time each parent spends with the child and the income of each parent. In addition, when deciding on child support payments, courts will also consider the kid’s unique requirements. In rare circumstances, moms rather than fathers may be obliged to pay child support. When mothers have sole custody of their children and males only have restricted visitation rights, this frequently occurs.
2. Even if your ex-spouse weds someone with a significantly larger salary, your child support obligations won’t change.
Your income, not that of your ex-spouse, determines how much child support you pay. It will not change how much child support you must pay if your ex-spouse weds someone who earns more money. One of the most widespread myths in Arizona regarding child support is this one. Many people believe they won’t have to pay as much child support if their ex-spouse gets remarried to someone who makes more money. This is not the case, regrettably. Your income, not your ex- spouse’s, will determine how much child support you must pay. As a result, even if your ex-spouse gets remarried to someone who earns much more money, you will still be liable for the same amount of child support. Your income, not that of your ex-spouse, determines how much child support you pay. It will not change how much child support you must pay if your ex-spouse weds someone who earns more money. One of the most widespread myths in Arizona regarding child support is this one. Many people believe they won’t have to pay as much child support if their ex-spouse gets remarried to someone who makes more money. This is not the case, regrettably. Your income, not your ex-spouse’s, will determine how much child support you must pay. As a result, even if your ex-spouse gets remarried to someone who earns much more money, you will still be liable for the same amount of child support.
3. I won’t be able to work since I’ll be in jail. I’ll quit paying child support.
Although it is a popular misunderstanding, this is untrue. Your child support obligation will continue to grow if you are incarcerated and unable to make payments. When you are released from jail, you may be able to come to an agreement on a payment schedule with the other parent or the court, but being incarcerated will not excuse you from paying child support. Please get in touch with a skilled family law expert in Arizona if you have any queries about your child support obligations. A lawyer can guarantee that you are fulfilling your duties and can assist in explaining how child support works.
4. I recently lost my job, and because my child support order was only made last month, I cannot ask to have it changed for a year.
No matter how long it has been since the child support order was established, you can always ask for a change. Many individuals believe that once an order is placed, it cannot be changed, which is why they hold this belief. This is untrue, though. You can always ask for a revision to your child support order if your situation has changed. But keep in mind that a revision will only be accepted by the court if there has been a material change in the circumstances. For instance, the court is likely to grant a modification to your child support order if you lost your work and are currently jobless. However, if your income has just decreased.
5. The judge must accept the child support amount that the two of you agree upon.
The opposite is not always true. You and the other parent may agree on a payment sum, but the judge is not obligated to accept it. The Judge will frequently make a decision based on a number of variables, such as the financial situation of each parent and the child’s requirements. It is essential to seek legal counsel if you and the other parent are unable to agree on an adequate level of child support. On your behalf, a skilled family law attorney can assist in negotiating a fair child support arrangement.
If you are considering a child support modification in Arizona, it’s important to understand the process and the common misconceptions that people have about it. By arming yourself with knowledge, you can make sure that your case is handled fairly and that you receive the best outcome possible.
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The attorneys at GillespieShields are well-versed in a variety of different legal fields, ranging from family law to civil suits, employment disputes and probate cases. Although we specialize in several areas of practice, our greatest passion is family law. We believe in giving families peace of mind no matter their situation, and we fight hard to maintain that peace. Whether you’re filing for dissolution or divorce, determining custody of your children, or thinking about adopting children, our experienced attorneys are here to help you every step of the way. During our private, one-on-one consultation, we’ll take the necessary time to answer and and all of our questions surrounding Arizona’s family laws, your family’s unique situation, and the possible court outcomes. Contact us today for your consultation!
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