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Speak Up! - View Question #679 |
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Question: A Couple with children has divorced. Who is obligated to pay child support? Who decides how much is paid? For how long is this support paid? What happens if it is not paid?
Answer: Who is obligated to pay child support?
When a couple gets divorced, both parents are responsible for the financial support of the children.
Who decides how much is paid?
The Supreme Court has established guidelines to determine the amount of child support. Some of the things that the court looks at is the needs of the child, the financial resources and needs of the custodial parent, the standard of living the child would have enjoyed had the marriage not been dissolved, the physical and emotional condition of the child, the child's educational needs and the financial resources and needs of the noncustodial parent (A.R.S. § 25-320) You can go to http://www.supreme.state.az.us/childsup . OR http://www.familysupportcenter.com/supportservices/support.html to find out more about calculating the amount of child support.
For how long is this support paid?
Child support is paid until a child reaches the age of 18 AND graduates from high school or a certified high school equivalency program. If a child turns 18 while still in school, support will continue until graduation OR until the child reaches the age of 19. (A.R.S. § 25-320(C)). If a child is mentally or physically disabled, the court may order support to continue past the age of majority. (A.R.S. § 25-320(B)).
What happens if the child support is not paid?
A person not paying child support may face these consequences:
- Suspension of your Driver's License- A.R.S. §§ 25-517,518
- Revoke or suspend Professional, Occupational or Recreational Licenses
- A.R.S. § 25-518 states boards that issue Professional, Occupational, or Recreational Licenses and/or Certificates will keep social security numbers on file so as to aid the Department of Economic Security in locating parents or to enforce child support orders.
- Mandatory wage withholding
- Intercept state income tax refund
- Liens against real and personal property
- Non payment reported to Consumer Credit Reporting
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On 03/28/04
Tiffany Myrick from WA said:
The fourth admenment says you have the right to protect yourself, poperty and etc(to make it short). She might go to jail and it might be for the good. Then she'll have a chance to go before a judge and have a laywer agrue her cause about being unable to work.
On the bad side it is also against the law to run away (in some states I think) so if she does go to jail you could be taken to jail along with her. She might even be charged with kidnapping sincce she did not return you to your father. I know sometimes they'll make asapshunes for such things, I wish you and your mother good luck!
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On 03/17/04
Marvin from NY said:
Hello, My name is Marvin, I am 16 yrs old and I live with my Mom I have been here since Feb 24, 2003. I was livig with my Dad, but I ran away from home to be with my Mom. My Dad has custody of me but I want to be with my Mom. My Mom was paying Child Support, for me but on Oct 5, 2003 she had a Car accident and has been out of work. I saw a WARRANT for her from the IRS for child support on the kitchen table and I want to know what can we do so my Mom won't go to jail and the courts can release me to my Mom and my Mom won't have to pay my dad any more support for me.PLEASE HELP ME! Marvin
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