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How to Get Child Support Arrears Dismissed

How to Get Child Support Arrears Dismissed

by | Sep 28, 2020 | Child Support

FAMILY LAW ATTORNEYS

MORE THAN 100 YEARS COMBINED EXPERIENCE

How to Get Child Support Arrears Dismissed

Upon becoming a parent, it is your responsibility to provide for your child. Some parents may struggle with that obligation, however, leading to them accumulating child support arrears.

There is no question that parents should do everything in their power to fulfill their obligations to their children. Still, we cannot ignore the reality that some parents have valid reasons for why they struggle to keep up with payments.

In this article, we’ll dive deeper into the subject of child support and its importance. We’ll also highlight the different reasons why parents cannot always pay on time and the penalties stemming from that. You’ll also learn more about the process of getting unpaid child support dismissed.

What Is Child Support?

To get things started, let us first define child support. In cases where the parents of an underage child or children are divorced or separated, they usually award one parent primary custody, while designating the other as the non-custodial parent. Crucially, non-custodial parents may still have legal custody over their child even if they don’t have physical custody, according to VeryWell Family.

Regardless of which party they award primary custody, both parents still need to bear the financial responsibility of raising their child or children. The state of Arizona requires both parents to offer “reasonable support” to their kids, who the courts regard as minors.

This is where child support comes into play.

Child support divides financial responsibility among the parents. While the parent with primary custody may be in charge of paying for their kids’ daily expenses, the other parent must still provide timely payments.

The timeliness of child support payments can vary depending upon what the parents agreed upon. Often, they pay monthly. That’s probably due in no small part to many child support payments being taken directly from paychecks.

child support arrears

How Are Child Support Payments Used?

The parents will have to determine how to use the child support payments. You probably know what to expect here, though.

You can use child support payments for food, school-related expenses, medical bills, clothing, toys, and housing. If there are activities that a child wishes to try, the support payments can also go toward them.

Basically, if you use the payments for something the child benefits from, no issues will arise.

Custodial parents must refrain from using the child support payments on themselves. If the custodial parent uses the support payments on their own expenses, they may run into trouble with their co-parent and possibly the law.

How Are Child Support Payment Amounts Calculated?

There is no one set of guidelines followed by all the states in the country when it comes to determining how much child support a non-custodial parent owes.

In the state of Arizona, some of the factors considered include the child’s medical bills, childcare costs, and education expenses. The state also refers to a Schedule of Basic Support Obligations, which accounts for the number of children and the adjusted gross income of both parents. The child support payments will also be proportionate to the salaries the parents are taking home.

Figuring out the right amount of child support payments you are obligated to make and negotiating with the other party can be complicated undertakings. That’s why many parents enlist the help of experienced lawyers in these scenarios.

What Are Child Support Arrears?

Child support arrears refer to unpaid child support payments. There are also two types of child support arrears.

Assigned Child Support Arrears

First off, you have what is known as assigned child support arrears. Assigned child support arrears pile up when the non-custodial parent fails to fulfill his/her obligation while the custodial parent is on public assistance. I In a case such as that, the non-custodial parent owes money to the state as opposed to the custodial parent since the government is supporting their child.

When accounting for assigned child support arrears, there is no guarantee that the custodial parent will receive any money from the payments made by the non-custodial parent. The non-custodial parent’s priority is to pay the state in full. If there is money left over once they pay the arrears, the custodial parent will receive that amount.

Non-custodial parents who have accumulated assigned child support arrears could find themselves in a difficult position. The good news for them is that states are willing to negotiate their debts.

Unassigned Child Support Arrears

Unassigned child support arrears refer to the payments a non-custodial parent owes directly to their co-parent. This time around, the government will not receive any money from the provided back payments.

Unassigned child support arrears don’t necessarily have to be paid by the non-custodial parent provided that the parent with primary custody agrees to waive those debts. We’ll get into the process of having those child support arrears waived later in this article.

Why Do Parents Fall Behind on Child Support Payments?

We first want to reiterate in this section that it is a parent’s job to financially support their child. Becoming a parent is an enormous responsibility, and you must be ready for everything that entails before taking the plunge.

Unfortunately, circumstances do change. Some parents may want nothing more than to support their children, but the reality of their situation may prevent them from doing so.

Included below are some of the reasons why non-custodial parents may fall behind on their child support payments.

The Non-Custodial Parent No Longer Has a Job

Losing a job is a nightmarish scenario for many. Suddenly,  the source of income for food, rent money, and other essential expenses are gone. Parents will also have a tough time keeping up with their child support payments if they’ve lost their job.

The Non-Custodial Parent’s New Job Pays Less

Non-custodial parents may have jobs but cannot meet the terms of the agreement with the custodial parent. This often happens when the non-custodial parent gets demoted at work or if they’re starting a new job that doesn’t pay as well.

The issue here is that the agreement both parties signed up for previously is no longer an accurate representation of the parents’ current financial situations. Now that one party is making significantly less money, they cannot abide by the guidelines set in the agreement.

The Non-Custodial Parent Has a Serious Medical Condition

The non-custodial parent’s medical condition could also explain why they can no longer make payments on time. The parent in question may have recently suffered a heart attack and is currently unable to work. It’s also possible that they had to undergo emergency surgery that has impacted their finances.

A chronic illness affecting the non-custodial parent may also worsen over time. Because of that, their medical expenses may increase, thus making it harder for them to fulfill their obligation to their child.

The Non-Custodial Parent Is Unable to Pay the Arrears Due to Interest Accrued

Yes, interest can indeed accumulate on overdue child support payments. The interest rates can vary depending on the state.

Some states like Connecticut, Delaware, and Hawaii don’t add interest to child support arrears, according to the National Conference of State Legislatures. Meanwhile, states such as Colorado, Kentucky, and Washington impose an annual interest rate of 12 percent. In Arizona, an interest rate of 10 percent per annum is on arrears.

As a non-custodial parent working to make up for unpaid child support, you may be caught off guard by the accumulated interest. You may have assumed that you had enough money to cover your missed payments only to find out later that the added interest means you have more work to do.

What Are the Penalties Imposed on Parents Who Cannot Make Child Support Payments?

Once they determine that you’re missing child support payments and there’s no valid reason, you can find yourself facing serious consequences. Debt.org has highlighted some of the penalties.

A Bad Credit Score

Remember that loan you were planning to take out to start your dream business? Well, you may need to bid farewell to that dream if you’ve been late on your child support payments.

The government allows credit agencies to know if you’re missing those payments. The agencies may adjust your credit score to reflect that. You’ll probably have a hard time securing a loan, and even if you do, the terms may be difficult for you.

The Loss of a Driver’s License

Getting around town could become an ordeal unto itself if you start missing child support payments. The state may suspend your driver’s license, and you may need to pay up before you get it back.

Your Finances Are Targeted

The government has a way of making unwilling debtors pay up. In the case of parents not paying child support, the government can order wages to be garnished or seize tax returns.

A Jail or Prison Sentence

Among the penalties people may be hit with if they fail to comply with the law is incarceration. Don’t assume that you can avoid that kind of punishment even if we’re only talking about unpaid child support.

Since the courts mandate child support payments, you could find yourself in legal hot water if you fail to pay. On top of that, accumulating a hefty bill for child support owed could land you in prison.

How Do You Get Your Child Support Arrears Waived?

We’ve already highlighted some of the reasons why parents can’t pay child support as well as the penalties they may face for their failure to comply with a government order. You probably want nothing to do with prison, so the best thing you can do if you cannot make payments any longer is to get the arrears waived.

Here is how you get unassigned child support arrears waived or reduced:

  • Get in Touch with Your Co-Parent – Start the process by contacting your co-parent and explain why you no longer can make the payments in your agreement. You will need them to agree to the revised terms, or else nothing will happen.
  • Create a New Written Agreement – Together with your respective lawyers, you and your co-parent must now work on crafting a revised agreement. The lawyers will help you avoid mistakes and ensure that the document is ready for the next step.
  • File the New Agreement with the Court – Now that the new agreement is ready, you can file it with the court. Remember to include the explanations for why you’re revising the agreement in the document.
  • See What the Court Decides – There is no guarantee that the court will sign off on the revised agreement. As far as the court is concerned, their job is to see that you meet the best interests of the child or children.
  • Tweak the Agreement and Re-file – In cases where the court didn’t approve the revised agreement, both sides can continue negotiating until they create something better. Now, here is how you get assigned child support arrears waived:
  • Enter Waiver Negotiations with the State – Instead of making your case to your co-parent, your main task is to convince the government that the agreement must be changed. Continue negotiating together with your lawyer until you can get the assigned arrears waived or at least reduced.
  • Inform Your Co-Parent – Don’t forget to inform your co-parent about the steps you’re taking to have your arrears waived or reduced. While evaluating your request, the court may get in touch with your co-parent, and the information they provide may influence the court’s decision.
  • Follow the Court’s Conditions – According to LegalZoom, the court may require you to meet certain conditions if you want your debt waived or reduced. Understand those conditions well and make sure you follow them as best you can.

You’ll have a tough time negotiating agreements regarding child support and child support arrears on your own. It’s best to partner up with a lawyer who has experience regarding these cases. Work with us at the Schill Law Group and we will do everything in our power to secure the best agreement for you, your co-parent, and your children.

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Divorce Involving Children in Arizona

Divorce Involving Children in Arizona

by | Jul 3, 2020 | Child custody, Child Support, Custody, Divorce, Parenting, Paternity

Defending the People of Arizona

With more than 100 Years of combined experience

Divorce Involving Children in Arizona

The decision to divorce can be difficult for any couple in Arizona. When a divorcing couple shares children, the process can be even harder on everyone involved. Divorces involving children will involve all of the other legal issues of other types of divorces, including property division and the potential for spousal support.

However, when children are involved, the couple will need to contend with child custody, child support, and the potential for parental relocation. Working with an experienced family law attorney at the Schill Law Group might help you to resolve your legal disputes when you are going through a divorce with children in Arizona.

How is the Divorce Process Started?

To begin the divorce process in Arizona, the spouse who wants to get divorced will need to file several legal documents. The initial document that must be filed in a non-covenant dissolution involving children is the petition for dissolution. Together with the petition, most people also file the preliminary injunction, which is a document that will result in an order that prevents either party from selling, transferring, or giving away the marital property until the property division has been determined.

Some women choose to file a request to restore their maiden names. An order and notice form for both parents to attend the required parenting classes should be filed. Finally, a summons must be filed. The filing fee will need to be paid at the time the petition is filed. Once the documents are filed, the court will issue the summons. The summons and copies of the petition and other legal documents will then need to be served on the respondent spouse.

Once the petition and other documents have been served on the other spouse, both parents will be required to complete the parenting classes within 45 days. The parties will also need to submit a parenting plan to the court if they have reached an agreement. If they have not, each spouse can submit a proposed parenting plan to the court to be litigated during a hearing. The court will not issue a divorce decree until the classes are completed.

Once the court has received all of the documents, the judge will make sure that the court has jurisdiction to hear the case. To meet the residency requirements, one of the spouses must have lived in the state for 90 or more days. If both spouses agree to everything, including the determination of custody and support, there will be a 60-day waiting period after the service of the petition before a final decree can be issued.

How is Child Custody and Visitations Handled While the Divorce is Pending?

A court can issue temporary orders when a petition for dissolution is filed. These orders can be used to determine which spouse will remain in the marital home during the pendency of the divorce, whether one spouse will be ordered to pay spousal maintenance to the other spouse, who will be responsible for paying specific bills, and where the children will live. If the parties agree, some of the temporary orders might become permanent orders.

In most divorces involving children in Arizona, the spouse who files a petition for dissolution will also file a request for temporary child custody orders. Parents file these requests to outline where the children will live and how visitation with the other parent will be handled until the final decree is issued.

The goal should be to minimize the upheaval in the lives of the children as much as possible. When the court decides what temporary orders to issue, the judge will consider what is in the child’s best interests. The temporary orders will normally outline where the children will live, the type and amount of visitation the children will have with the other parent, temporary child support, legal decision-making, and a protective order to prevent one of the parents from kidnapping the children or withholding them from the other parent.

The following factors are important to understand when thinking about temporary orders:

  • Temporary orders will normally remain in effect until the divorce process is completed.
  • The orders will be issued under the best interests of the child standard.
  • Temporary orders can be contested.
  • The parents must follow the orders or face potential criminal consequences.
  • Temporary orders may become permanent if the parents agree.

It can take a couple of months before the court will hear a request for temporary custody orders. Either party can file a request for emergency temporary orders that can be heard within 24 hours. Normally, the requesting parent will need to show that the children might suffer irreparable harm without an emergency order.

In most of these types of cases, mental health issues, alcohol abuse, drug abuse, child abuse, or domestic violence is involved. Most of these types of requests are heard ex parte, which means that only the requesting party will appear. The judge will base his or her decision on the testimony and declarations made by the requesting party.

If the court grants the emergency custody order, a return hearing will be scheduled within seven days. The respondent spouse will then have a chance to gather evidence to contest the order and the allegations that the petitioner has made. Based on the evidence and testimony at the emergency order return hearing, the court might issue temporary orders, dismiss the emergency temporary order, or modify it.

What is the Standard Used for Determining Child Custody?

In Arizona, the courts follow the best interests of the child statute when they make child custody decisions. This standard involves the court’s consideration of several factors, which can be found at A.R.S. § 25-403. Under this statute, the courts consider the following factors:

  • The relationship between the child and the parent in the past, present, and likely future
  • The child’s relationship with the parent, siblings, and others in the home
  • How well the child is adjusted to his or her school, home, and community
  • The child’s wishes as long as he or she is of a suitable maturity and age
  • The physical and mental health of all of the involved parties
  • Whether one parent is likelier to encourage frequent and continuing contact with the child’s other parent unless domestic violence or abuse is involved
  • Whether one of the parents misled the court intentionally
  • Whether child abuse or domestic violence has occurred
  • Whether one parent engaged in coercion or duress to secure an agreement
  • Whether the parents have completed the required parenting classes
  • Whether one of the parents has been convicted of falsely reporting child abuse or neglect

When the decision making and visitation are contested, the court will make written findings of each of the factors that the judge took under consideration. The court may also consider other relevant factors in addition to those on this list.

What are the Types of Custody in Arizona?

When people think about child custody, they normally think about where the child normally will live. In the legal context, however, legal child custody refers to which spouse will have decision-making authority for important decisions regarding the child’s education, health care, and religious upbringing.

The physical custody of the child involves where the child will live and how much time he or she will spend at each home. Both legal custody and physical custody can be either sole or joint.

Sole Decision-making

Sole decision-making occurs when the court grants the legal authority to make important decisions about the child’s upbringing solely to one parent. Courts generally prefer to order joint decision-making unless there is a compelling reason to do otherwise, including child abuse, domestic violence, drug abuse, or something else.

When a parent is awarded sole decision-making authority, he or she will be able to make important decisions about the child’s religious upbringing, medical care, and education without having to consult the other parent. In some situations, the court might grant sole decision-making authority to one parent over one area and sole decision-making authority over a different area to the other parent.

Joint Decision-making

Joint decision-making is generally favored by Arizona courts. When joint-decision making is ordered, both parents are expected to participate in making decisions for their children. If it is ordered in your case, you will need to consult with your ex-spouse before making unilateral decisions about the education, medical care, or religious upbringing of your shared children.

Residential Custody

Residential or physical custody of a child refers to where the child lives most of the time. When one parent has primary physical custody, the child resides with that parent most of the time. The other parent will have visitation according to the schedule that the parents or the court determine.

In cases in which abuse, domestic violence, or substance abuse problems have been an issue, one parent may have sole physical custody while the other party might only have supervised visitation.

How is Child Support Determined?

Under A.R.S. § 25-501, Arizona expects both the custodial and non-custodial parents to contribute financially to the upbringing of their children. The courts have guidelines that judges follow when issuing child support orders. The guidelines take into account the relative incomes of each parent, whether they have other children to support, the amount of time the children spend with each parent, and any extraordinary expenses a child might have, among other factors.

The factors that the courts take into account when determining the amount of support to order are listed in A.R.S. § 25-320.

Child support will normally be ordered to continue until a child reaches age 18 or graduates from high school. However, the court can order support to continue past the age of majority. For example, the court might order support payments to continue if children go to college or if they have developmental disabilities. Courts can also deviate from the guideline amount in certain situations.

Schill Law Group can Help With Complex Divorce

Getting divorced is difficult for most people. When children are involved, the divorce process can be more complicated because of the number of issues that may be involved. If you are planning to divorce and share children with your spouse, contact the Schill Law Group today to learn about your options by calling us at 480.525.8900.

 

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