There are a lot of misconceptions about child support in divorce cases. Either parent may be required to pay their share of the child rearing expense. It is not always the mother who receives child support payments.
Support is awarded based on a variety of criteria this can include: the income of the parents, the custodial parent, who pays for medical insurance, whether there are other children from another family, and most importantly the best interest of the child.
In Arizona, the courts have made it easier by providing parents with a support calculator, in which parties can enter their information and receive a child support estimate.
Most courts will consider support agreements that the parents have created. However, their agreements are not binding on the court and the court can disregard them.
The court will always determine what is in best interest of the child, which may include altering any agreements made by the parents.
In the event a parent cannot afford to pay their obligation, the court might allow them to modify the support order.
Under A.R.S. § 25-327, the court may grant modification or termination if the parent can show a change in circumstance that is both “substantial” and “continuing”.
An example of this could be losing a job.
When dealing with support issues it is important to get your questions answered.
Thrush Law Group has dedicated lawyers that can assist you through any child support issue.
Call us for a free consultation and obtain the information you need.