Child Support And Custody

Summary

In Arizona, child support can be requested even with 50/50 custody, based on both parents incomes and childrens needs. If one parent earns significantly less, the other may be required to pay support. You can contest payments by showing the other parents lack of effort to earn income. Evidence such as income proof, job application records, and spending habits can be presented in court. If you believe the other parent cannot care for the children, you can file for full custody. The court considers the best interests of the child, including financial stability. Legal discovery can help gather necessary evidence if youre not together.

Full Conversation

Alyssa
Hi Alyssa! How can I assist you with your legal issue today?
My partner and I have been legally separated for a year now with two kids in Arizona. We share */* custody, and they said they are applying for AHCCCS because they don't make enough money. Can they try to come after me for child support?
Yes, it's possible for your partner to request child support even with */* custody. Arizona considers both parents' incomes and the cost of raising the children. If your partner's income is significantly lower, the court might order you to pay child support.
Have you been to court to finalize your custody arrangement and support details?
how do you know the child support money goes to the children?
Child support payments are intended to benefit the children, covering their needs such as food, clothing, shelter, education, and medical expenses. However, there isn't a specific system to track exactly how the money is spent. If you believe child support is being misused, you can request a court review.
Do you have any concerns about how the child support is being utilized?
if they cant afford to take care of the children can I just file for full custody
You can file for full custody if you believe the other parent is unable to care for the children. In Arizona, the court considers the best interests of the child, including each parent's ability to provide for their needs.
Have there been any significant changes in your partner's situation that affect their ability to care for the children?
they dont make enough money
Alyssa, you can petition for full custody if you believe your partner cannot adequately care for the children. The court will consider various factors, including financial stability, in determining the best interests of the children.
Have there been other significant changes in your partner's situation besides their financial struggles?
not that i know of, but i don't want to pay this person child support because they are too lazy to have a job
Alyssa, it's understandable to be concerned about child support. Here are some key points:
- Arizona calculates child support based on both parents' incomes and the children's needs.
- A parent's refusal to work can be considered in court.
- File a petition for full custody if you believe it's in the children's best interest.
Would you like information on how to proceed with a full custody petition?
why would one parent have to pay child support but not the other?
In Arizona, child support is based on the income of both parents and the needs of the children. If one parent earns significantly less, the other parent may be required to pay support to ensure the children's well-being.
Would you like more information on the child support calculation process in Arizona?
yes
In Arizona, the child support calculation process involves several factors:
- Both parents' gross incomes.
- Amount of parenting time.
- Costs of health insurance and childcare.
- Other relevant expenses.
Child support aims to ensure children maintain a standard of living similar to if the parents were together.
Would you like to know how to estimate the child support amount based on your specific situation?
can i fight paying child support? i will take care of my children but if the other parent isn't trying to make more money why should I have to give them money because they don't want to work?
Alyssa, you can contest child support payments in court by presenting evidence that the other parent is not making reasonable efforts to earn an income. The court will consider this in their decision. However, child support is ultimately determined based on the children's best interests.
Do you have any documentation or evidence of your partner's lack of effort in finding employment?
what evidence would i need to present?
To contest child support payments, you can present the following evidence:
- Proof of your partner's income (or lack thereof).
- Job applications or lack of job applications by your partner.
- Evidence of your partner's refusal to accept suitable employment.
- Financial records showing your partner's spending habits.
Would you like assistance on how to gather this evidence?
yes
Alyssa, here are some steps to gather evidence to contest child support payments:
- Collect your partner's pay stubs or tax returns.
- Document any job applications or lack thereof.
- Gather any communications where they refused job offers.
- Obtain financial records to show their spending habits.
Would you like more specific advice on gathering this evidence?
how would i gather this evidence if we are not together
It can be challenging to gather evidence when you and your partner are not together. Here are a few suggestions:
- Request financial records through legal discovery.
- Subpoena employer records or job application records.
- Collect any communication evidence regarding job refusals.
- Seek the help of a private investigator if necessary.
Would you like more information on the legal discovery process?