Modifying Child Support When a Parent Loses Their Job

Job Loss Does Not Stop Child Support

Many, many people have lost their jobs, or had their hours cut due to Covid-19. Prescott Tax & Paralegal wants you to know that the responsibility to pay child support does not magically disappear if you lose your job, or earn less. To change child support, you must file a request with the court that entered the last order.

Online Tool Available to Calculate Child Support

Usually, the first step in changing a child support order is to prepare a Child Support Worksheet. The Arizona Supreme Court has an online Child Support Calculator to help prepare this worksheet. Check the Arizona Child Support Guidelines to determine what the court considers income in your circumstances.

Do you Qualify for the Simplified Method?

When the Child Support Worksheet is completed, look at the resulting child support amount. Find the difference between the new child support amount and the old child support amount. (Old amount minus new amount.) Then divide this result by the old amount of child support. If the answer is .15 or more, you will usually qualify for the simplified method of changing child support.

Prepare the Court Forms and File

There are court forms and instructions available online for the Yavapai County Simplified Method of Changing Child Support. The court charges a fee for filing this paperwork. You must attach your last 2 pay stubs, or other proof of change in income, such as the letter from unemployment stating what your weekly benefit will be.

When You Need Help Preparing Court Forms

If you are unable to prepare the court forms, and need help, Community Legal Services provides low or no cost help for many legal issues. Prescott Tax & Paralegal can also provide help for a fee.

Parenting Rights for Unmarried Parents

The most popular month for weddings, June, has passed, and the honeymoons are over.  For those who choose to skip the formal ceremony, did you know that Arizona does not recognize "common law" marriage?  In some states, if a couple has been living together and presenting themselves as a married couple, they are treated as a legally married couple. In Arizona, this is not true.

To be legally married in Arizona, a couple must 1) purchase a marriage license, 2) an authorized person must perform the wedding ceremony, and 3) the signed marriage license must be returned to the court clerk for recording. If a couple does not complete each step, then they are not legally married under Arizona law. Once exception to these requirements are Native American couples who marry according to tribal custom. Still, establishing the validity of such marriages may require court intervention.

When an unmarried couple with children separates, fathers are often surprised to learn that if there is a dispute over parenting time, or decision making, the father may have few rights regarding his children without court involvement.  Even though the father may be on the birth certificate, paternity and parenting rights usually must be established through the court.

To establish which parent will make decisions for the children, and how the children will spend time with each parent, the parents will need to establish paternity through the court and file a parenting plan. If the parents agree, then matters proceed simply. If parents disagree, the court will usually send the parents to mediation to determine how decisions for the children will be made and establish a plan to share the children.  The court mediators work with the parents to create a plan that will be best for the children. This agreed upon plan is signed by the parents and sent to the judge for approval.

If parents cannot agree, then the court will set a settlement conference or trial and the parents will have to explain their position to the court. The court may  make the decisions, if the parents still cannot agree. However, if the judge feels that one parent is being unreasonable, the judge may penalize the unreasonable parent.

A petition to establish paternity, legal decision making, and parenting time has another other important factor: child support.  A child support order will be entered based upon the parents incomes, who is paying for insurance and child care, and how much time each parent spends with the children. The Arizona Courts offer a free child support calculator online.

The above information is specific to Arizona only.

Have a question? Feel free to contact us at (928) 778-3113, through our contact us form, via email, or visit us at www.PrescottTax.com.