A child Support lawyer advises parents on their legal responsibilities regarding the guardianship and financial support of children. A knowledgeable attorney can help you avoid disputes and work out an agreement that both parties are comfortable with. A child support lawyer can help you with issues that may arise during the process of establishing an order and also when you have to enforce or defend a current one. A Phoenix AZ child Support lawyer can explain your rights to you and also help you get the money that you are entitled to.
When parents are separated or divorced, the court may order one parent to pay the other a set amount of money as financial support for their children. The monetary assistance is based on a number of factors, including each party’s income and expenses, the amount of time each party spends with their children, the cost of daycare, extraordinary medical expenses and other related costs. A judge will review each case and decide what child support is reasonable. In most cases, both parents have a duty to financially support their children and the courts will try to ensure that neither party is unfairly penalized.
Both parents must provide full and complete disclosures of their earnings and expenses to the judge that will hear the case. They must bring copies of their most recent tax returns and some recent paycheck stubs, and they will be required to fill out a financial disclosure statement. The judge will then use this information to calculate the basic child support amount and may add on extra amounts to cover other expenses, such as the cost of day care. In some cases, the judge will also order a parent to provide health insurance or cash medical support for their child.
A child Support lawyer can tell you that it is rare for a judge to order equal timesharing without child support. However, if the children share equal time with each parent, then both parents will likely be responsible for the same amount of support. The judge will take several factors into consideration, including the parents’ incomes and the cost of supporting their other children from previous relationships. The judge will also consider any special expenses for the child, such as gifted education, summer camp and other activities that are not included in the standard educational curriculum.
Child support is a priority financial obligation that is not dischargeable in bankruptcy. A debtor who is delinquent in child support can have their wages garnished, lose their driver’s license or have federal income tax refunds withheld. A person who is ordered to pay child support may be able to obtain debt relief through U.S. Bankruptcy Court, but he or she will still be required to pay back the child support owed.
If either party does not meet their court-ordered obligations, they can be subject to contempt proceedings and face fines or even jail time. A Phoenix child support lawyer can help you with enforcing a court-ordered child support obligation or defending against a contempt action.
