Tag Archives: Phoenix child support

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.

 

Need help terminating child support? Statewide Paralegal in Phoenix!

Get started with AZ Statewide Paralegal in Phoenix

If your child is 18 years old and about to graduate from high school it’s not to early to prepared the documents required to terminate the Arizona child support order. We will prepare the documents and request that the termination is effective as of May 31, 2012 if your child graduates in May and June 30, 2012 if your child graduates in June.

No time to make it to the office?

No problem, give us a call and we can set up a phone consultation to gather the information and get you on your way to terminating the child support order.  The Order will get mailed to your employer who will be ordered to stop withholding money from your paycheck.  We take care of all of the paperwork. All you have to do is sign!

Phoenix Paralegals (602) 253-1515 save you thousands in legal fees.

Divorce without an AttorneyPhoenix and Tucson locations

Save thousands in legal fees. If you are looking for a Phoenix paralegal for divorce, child support, custody, and more, AZ Statewide Paralegal has offices in Phoenix and Tucson, Arizona.  If you need to file in any county in Arizona, you can get started online or by phone.

Online consultations available

Click here to start your divorce case online.  Fill out our easy questionnaire, pay online, and schedule your signing appointment when convenient for you.  It’s that easy.

Arizona Certified Legal Document Preparers

You will be assigned a legal document preparer who will walk you through the process every step of the way.  Your assigned legal document preparer is available in person, by phone and online so you will never be alone.  We do all of the work for you. All you have to do is sign and appear in court, if a court appearance is required.  Ask us how to avoid a court appearance; you may qualify.

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.

Arizona Paralegal for Child Support Calculations

CHILD SUPPORT PARALEGALS IN ARIZONA

When looking for an Arizona Paralegal to assist you with child support calculation, modifications or terminations be sure that the paralegal is familiar with the issues that are taken into consideration when determining child support.

Factors for determination of Child Support

The issues of importance when determining child support include the gross incomes of each parent, whether a parent is paying spousal maintenance or receiving spousal maintenance, whether either parent is supporting another child not common to the parties, insurance premiums that are paid for the child, parenting days exercised by the non-custodial parent, day care expenses paid by a parent on behalf of the child in common to the parties, expenses paid by a parent of an extraordinary child, and educational expenses paid on behalf of an extraordinary child.

ARIZONA CHILD SUPPORT CALCULATOR

A free Arizona Child Support Calculator is available online and even creates the Parent’s Worksheet for you.  The information entered in the child support calculator is pooled together and listed on a Parent’s Worksheet.  The Parent’s Worksheet combines the two parents’ incomes together to get a total income and then cross referenced with a pre-determined chart of child support amounts.  A total child support amount is determined to be the amount required to care for the child in question given all of the above factors.  This total child support amount is divided between the two parents based upon their percentage of incomes.  This percentage is not necessarily equal because the parents may have unequal incomes. The non-custodial parent pays the child support amount calculated to the custodial parent per month broken down by pay periods.  In other words, a parent who pays $400 per month in child support and is paid bi-monthly would pay $200 per paycheck.

For document preparation assistance using our Arizona Paralegalsfor child support give us a call at (520) 327-4000 for Tucson or (602) 253-1515 for Phoenix. We look forward to speaking with you.

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.

When is a man presumed to be the father of the child?

Child Support LawyersFail to Pay Child Support, Lose Your Law License at Law Blog ... high quality child care education support services and advocacyUnderstanding the Commonly Used Terms of the Child Support System

According to the Arizona Revised Statutes, a man is presumed to be the father of a child if:

The mother and father were married at any time 10 months immediately preceding the birth of the child.

–OR–

The child was born within 10 months after the marriage ended due to either death, annulment, divorce or legal separation.

–OR–

Genetic tests affirm at least a 95% probability of paternity.

–OR–

A birth certificate is signed by both the mother and father if the child is born outside of marriage. Also referred to as “out of wedlock”.

–OR–

Both parents sign together or separately notarized signed statements, acknowledging paternity.

We can help you file all of the necessary documentation in order to establish paternity so you can start down the legal road to collect support for your children.

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.

How do I modify my Arizona child support order?

If you already have an Arizona child support order and believe that there has been a substantial and continuing change in either parties’ circumstances then we can prepare and file your Petition to modify child support. A change in circumstances could be that 1 of your children has turned 18 and graduated from high school or one parent’s income has substantially increased. So long as the new child support amount is 15% or more or 15% less than the current amount ordered, the court may consider modifying the child support amount.

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.