IQOTD

Q:  I pay child support on 2. one child is now 18 and graduated do I just pay half now or I file a new motion for modification?  I live in Arizona and divorce went final in July 2018. I payed an upward deviation of support from $240 to $400 a month for both children and now one child is 18 and graduating this month... do I just pay 50% and send in to clearinghouse $200 a month or do I have to go to court house and file a modification of orders.. My ex is very difficult ... she makes mores money now and I do by a little and now live out of state.. visitation is based upon child’s will... I pay all transportation costs for travel

A:

You must file a Petition to Modify Child Support right away. Please remember that Arizona does not allow retroactive child support modifications. So, if you believe you are entitled to a modification, you need to file soon. Every month you wait is a month you lose. You can NOT just start sending in 50%.

Because you still have a minor child, your child support figure does NOT automatically decrease when an older child emancipates. Also, removing one child from the child support calculation does NOT just divide your current obligation in half. Yes your obligation should go down (unless other factors have also changed, but not by 50%. (Reason: many of the expenses a parent incurs to support their primary household are the same whether its one, two, or more children).

RJRPeters v1 0

IQOTD

Q:  Will a court grant emergency temporary custody if the mother is in a treatment center for attempted suicide by heroin?  My cousin attempted suicide by overdosing on heroin. She was taken to the hospital and I picked up her three kids. They are currently staying with me but they need to be registered for school but I don't have the ability to do that. The mother is currently in a behavioral health facility for the next two weeks and two of the children's dad is deceased.

A:  We would need to deal with the 3rd child's Father, BUT YES, I believe that you certainly have options to obtain custody or guardianship orders which would give you authority, even if only on a temporary basis, to enroll them in school. I would need to know more to determine whether 3rd party custody in Family Court or Guardianship in juvenile Court would be preferable.

There is much more to consider.  A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. We offer a free, ½ hour consultation, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan.  I would encourage you to quickly schedule this free consultation.

Visit our website at www.familylawaz.com 

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