Tag Archives: child support calculator

Legal Decision Making (Custody)

Legal Decision Making (Custody)     Custody paralegal

Custody as it was formerly known is now referred to as Legal decision making. The issue of who makes legal decisions for the children is a sensitive area of family law and the court always treads carefully when considering the best interests of children.  Whether establishing legal decision making (custody) or modifying child custody or even terminating the parental rights of a child, the standard of proof that the court always considers is whatever is in the child’s best interest.

Establishing or Modifying Legal Decision Making (Child Custody)

There are several ways to establish legal decision making (child custody) in Arizona. The most common cases for establishing child custody are through a dissolution of marriage or through a paternity action.  Both a Petition for Dissolution of Marriage (Divorce) and Complaint for Paternity, for parents who are not married, may include a request to award one or both of the parents the ability to make legal decisions for the children such as health decisions, educational decisions, religious decisions and personal care decisions. Both parents are awarded parenting time not just one of the parents.  The standard in Arizona now is that both parents should be awarded equal parenting time unless it is proven that it would be in the children’s best interests not to award equal parenting time.

What if the parents are married but not living together? If the parents have been separated for a long time, one of the parents may file a Petition to establish legal decision making (custody), parenting time and child support.

If the parents were never married and one of the parents applies for AHCCCS, food stamps etc., the State of Arizona, Department of Economic Security will ask for information on the other parent for the purposes of establishing paternity in order to obtain child support from the other parent.  The State of Arizona is not interested in the legal decision making (custody) or parenting time issues that may have not been ordered between the parents and as such they will file the Complaint for Paternity and ask that the issues of custody and parenting time remain unadjudicated.  The parents may then file a Petition to Establish Custody and Parenting Time separately.

MODIFYING LEGAL DECISION MAKING (CHILD CUSTODY)

Do you already have a child custody order in Arizona? If there was an order regarding the issue of child custody entered either in a Dissolution of Marriage or through a Paternity action and one of the parents wants to change legal custody, then there are several factors that are considered before even granting a hearing to modify child custody.  Changing the legal custody of a child is considered to be a huge impact on the life of a child and therefore a hearing is not granted unless adequate cause has been shown to grant the hearing.  According to the Arizona Rules of Family Law Procedure, the court considers the wishes of the child, wishes of the parents, whether or not the parents have attended the mandatory parent education class, the mental and physical health of all parties involved, whether the child has adjusted to his or her surroundings, whether joint custody is logistically possible, who is more likely to encourage frequent and meaningful contact and many other factors relating to the child’s best interests.  The easiest way to modify child custody is when both parents agree to it.  Absent an agreement, a child custody order is difficult to change once ordered.

Note: The above information is provided for your convenience. It is not intended to be legal advice of any kind. No attorney/client relationship is created by you reading this information. If you have legal questions, please contact an attorney.

 

Child Support Termination for your 18 year old High School Senior

Divorce without an Attorney
Its that time of year again. Do you have a child that will graduate high school soon? We can prepare the child support petition to terminate child support for you. It’s not too early to file now and ask for an order effective May 30. Our paralegals in Arizona are trained in the Arizona Rules of Family Law Procedure to prepare your child support termination legal documents correctly the first time. We prepare the Order terminating your wage assignment. This document gets delivered to your employer and orders them to stop garnishing your wages. Child support termination for your emancipated child assumes that all child support payments have been made and no child support payments are outstanding. Give us a call at (520) 327-4000 Tucson or (602) 253-1515 in Phoenix or (480) 745-2552 in Mesa to get started today!

Note: The above information is provided for your convenience. It is not intended to be legal advice of any kind. No attorney/client relationship is created by you reading this information. If you have legal questions, please contact an attorney.

Child Support Calculator in Tucson (520) 327-4000

 

Child Support Calculator

phoenix paralegal and tucson paralegalThe child support calculator was created so that parents of children can easily calculate child support in anticipation of a substantial and continuing change in circumstances. However, the child support calculator can sometimes be confusing if a parent can’t tell what types of income are included as gross income, or what an extraordinary education expense is or that medical insurance payments can be included in the calculation so long as the amount entered is only for the children and not for the family.  As a result, the calculated child support amount is not a true and correct calculation that reflects the parent’s circumstances.

After child support is calculated, now what do I do?

You’ve calculated the child support now what? If the child support amount is 15% more or 15% less than the amount currently ordered then the Arizona Child Support Guidelines say that child support may be modified.  The Arizona Child Support Calculator will even allow you to print your own forms after you’ve calculated the child support but what do you do with the forms once they’re printed?

I printed my child support forms but now what do I do?

There are 2 types of child support modification in Arizona, Simplified Version and Standard Version.  The Arizona Child Support Calculator prepares your forms based upon the Simplified Version.  There are a completely different set of documents required for the Standard Version and the Arizona Rules of Family Law Procedure state that there is a different process for filing the documents.  Although you’re able to prepare your own documents how do you know that the filing process that you’ve chosen is correct for your particular case?

Call us now or visit us online at azstatewideparalegal.com

Note: The above information is provided for your convenience. It is not intended to be legal advice of any kind. No attorney/client relationship is created by you reading this information. If you have legal questions, please contact an attorney.