A child Support lawyer helps parents understand their legal responsibilities to support their children. Each state has its own formula to determine how much support is owed. A good Phoenix child Support lawyer will be able to explain how the guidelines work and help you anticipate what you may expect to receive or owe in support payments. They will also be able to answer questions about any unusual circumstances that might occur during a child support hearing or modification proceeding.
The primary purpose of child support is to ensure that children’s financial needs are met after a breakup or divorce. These expenses include things like food, clothing, housing, health care and education. A judge will order one parent to pay the other a specified amount of money in regular payments. Typically, the person who receives the child support is known as the obligee and the party who pays child support is known as the obligor.
Generally, courts will order the obligor to pay the obligee child support in an amount that is based on state-specific guidelines. The guidelines take into account both parties’ monthly gross income, any other children the parents have together or with whom they share custody or physical time, each parent’s relative time spent with the child and special expenses such as medical and dental insurance for the child. The guidelines will usually result in a relatively low-level of child support, but the court does have discretion to award an amount above or below the guideline calculation.
Sometimes, a family law attorney will be able to negotiate with the other parent to settle a child support issue without going to court. This is often more cost-effective and less stressful for everyone involved. However, the court can still review the settlement agreement to make sure it is in the best interests of the child.
If the parties cannot agree to a child support settlement, the court will hold a child support hearing before a Support Magistrate. At the hearing, each parent will have an opportunity to present evidence regarding their finances and the costs of raising the child. The Support Magistrate will listen to testimony and then calculate a child support obligation and set a schedule for regular payments. The Support Magistrate will also determine whether either party should have additional expenses such as private music lessons or sports team fees.
Some parents hide assets or income in the hope that the court will order them to pay less child support than is appropriate. This is a risky game to play as the court can punish obligors with fines or even jail time if they find out that the information they provided was false or misleading.
If either party experiences a substantial change in financial circumstances, it is possible to petition the court to modify the child support order. This could be due to loss of employment, becoming disabled, being sent to prison, or a change in living situation. If the parties do not modify their order, they may face serious consequences including suspension of their driver’s license or denial of public assistance.