Arizona family courts make all decisions in the best interests of the child. The court also upholds the principle that all parents have an obligation to financially support their children. When spouses with children divorce or an unmarried parent seeks child support from a co-parent, the state’s formula for child support determines which parent pays the other and how much they must pay per month. If you’re a parent facing the Arizona divorce process in Gilbert, you need an experienced Gilbert divorce lawyer to help you navigate your divorce process to ensure that you and your spouse meet the state’s requirements. At Stewart Law Group, we guide our clients through the process with diligent attention to detail, whether they’re divorcing parents with children, an unmarried parent seeking child support from their child’s biological parent, or a parent seeking a modification of an existing child support order due to a change in circumstances. Call our Gilbert child support law firm today so we can begin action on your case.
Why Choose Us for Your Child Support Lawyers in Gilbert?
The child support lawyers at Stewart Law Group have represented clients in thousands of child support cases, working carefully within Arizona’s formula for calculating child support to navigate divorce settlement agreements, defend a client’s rights in court, and make a compelling case for a modification when necessary. With over a hundred years of combined legal experience in Arizona divorce law, you’ll have the collaborative efforts of a legal team with an in-depth knowledge of Arizona’s child support laws as well as the personal attention of an attorney who makes your case their own. We offer significant advantages to our clients, including the following:
- We intentionally limit our caseloads to provide individual attention to every client’s unique child support case
- We use a knowledge base built over our 100 years of combined experience with all types of child support cases including divorcing parents, paternity and child support for unmarried parents, and post-judgment modifications
- We are a full-service family law firm and handle all aspects of a divorce, including child custody, parenting time schedules, child support, spousal maintenance, and the division of assets and debts
- We’ll provide an individually tailored legal plan to protect your best interests throughout the process of divorce and child support orders
- We strategize a targeted plan to achieve the best possible outcome for your child support case and all terms of divorce or co-parenting
We take on our clients’ cases with a resolution-based approach seeking a settlement agreement for child support using the state’s guidelines; however, we never hesitate to go to court to argue aggressively for child support rights and obligations under Arizona law if a settlement agreement isn’t possible.
How can a Gilbert Child Support Lawyer Help?
A child support lawyer ensures full financial disclosures reveal all sources of income so the child support determination is accurate and fair in your case. Your Gilbert child support attorney will provide the following guidance and representation:
- Ensure the other parent fully discloses all income sources and help calculate child support payments under the state’s formula
- Resolve child support disputes
- Help present a request for modification before the judge
- Address paternity testing for child support for unmarried parents
- Review the unique details of your case and guide you through your legal options so you understand your rights
Child support and custody are matters that are linked in Arizona divorces, but a parent’s visitation rights do not depend on their child support payment. A skilled child support attorney helps clients understand all legalities involved in their child support case.
How is Gilbert Child Support Calculated?
Your attorney from Stewart Law Group will guide you through the process for determining child support under the state’s formula. Arizona calculates child support based on the following:
- Both parents’ gross income, including all wages, salary, commissions, and bonuses
- Income from unemployment, social security, or disability
- The total number of children the spouses have together
- The number of overnight custody days each parent has with the children
- Any considerations such as a child’s medical needs or special education requirements
Arizona’s child support determination formula typically requires the parent with the fewer number of overnight custody days to pay child support to the parent with the greater number of overnights. The outcome of the state’s child support calculations is intended to maintain the child’s accustomed standard of living after the divorce by requiring each parent to pay what they would have paid toward their children’s support had they remained married.
What are Arizona’s Child Support Enforcement Options?
Arizona courts have legal means of child support enforcement measures to support the court’s assertion that all parents have an obligation to support their children. If a parent fails to pay their court-ordered child support enforcement measures could include any or all of the following:
- An order to the paying parent’s employer to garnish wages
- The court may place liens on the parent’s property
- When a parent is in arrears, the court may intercept lottery or gambling winnings
- Seizing assets
- Use the Child Support Evader Program to publicly display photos of parents who are in arrears in public locations or private businesses
- Arizona may report the arrearage to the credit bureau
- The state may intercept tax refunds
- Denial of an application for a passport or a passport renewal
- The receiving parent may go to court to ask for further enforcement measures and penalties through a petition for contempt of court charges
- The court may issue contempt of court charges against the parent in arrears
A child support lawyer from Stewart Law Group can help you with enforcement measures for your child support orders.
Penalties for Child Support Violations
Child support enforcement measures become available to the receiving parent against the paying parent once the payments are more than 30 days behind. The receiving parent may file a contempt of court petition after 30 days resulting in a warrant for the other parent’s arrest if they do not appear in court. Once found in contempt of court, the paying parent may be fined and/or sentenced to jail. However, it’s typically advisable to seek other enforcement measures first because a jailed parent cannot earn money to pay their child support arrearage.
If you are a paying parent who has experienced a change in income or health condition that makes it difficult or impossible to meet your child support obligation, it’s always best to speak to a child support lawyer about requesting a modification of existing Arizona child support orders rather than falling into arrears.
Call the Gilbert Child Support Lawyers at Stewart Law Group Today
Stewart Law Group are the child support attorneys in Gilbert to call for prompt action on your child support case during the divorce and child custody process, a request for child support for an unmarried biological parent, or a post-judgment modification of your child support order. The Gilbert family lawyers at Stewart Law Group have the experience, knowledge, and resources you need for the best outcome in your case.